Section 286 in The City of Nagpur Corporation Act, 1948
286. Power to require removal or alteration of work not in conformity with by-laws or any scheme or any other requirement. - (1) If any building is erected or re-erected in contravention of any town-planning scheme mentioned under section 271 or of any building by-laws made under section 415, the [Commissioner], without prejudice to his right to take proceedings for a fine in respect of the contravention, may by notice require the owner either to pull down or remove the work or, if he so elects, to effect such alterations therein as may be necessary to make it comply with the said scheme or by-laws.
(2)If a building is erected or re-erected -(a)without any sanction as required by section 273(1), or(b)when sanction has been refused, or(c)in contravention of the terms of any sanction granted, or(d)when the sanction has lapsed under section 279, the [Commissioner] may by notice require the owner or owners to alter or demolish the building within such reasonable time as the [Commissioner] may think fit.(3)If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiry of twenty-eight days, or such longer period as the District Court, Nagpur, may on his application allow, the [Commissioner] may pull down or remove the work in question, or effect such alteration therein as he deems necessary and may recover from him the expenses reasonably incurred by the [Commissioner] in so doing.(4)If the plans arc approved by the [Commissioner] and the approval is communicated to the person intending to build the house or if the plans are rejected by the [Commissioner] but no notice of their rejection is given to person intending to build the house within the prescribed period, it shall not be open to the [Commissioner] to give a notice under subsections (1) and (2) on the ground that, the building is erected or re-erected in contravention of any scheme or by-laws or any other requirements under this Chapter.(5)Nothing in this section shall affect the right of the Corporation or any other person to apply to the District Court, Nagpur, for an injunction for the removal or alteration of any building on the ground that it contravenes any provision of this Act or of the by-laws made thereunder, but if the building is one in respect of which plans have been deposited and the plans have been passed by the [Commissioner] or notice that they have been rejected has not been given within the prescribed period after the deposit thereof, and if the work has been executed in accordance with the plans, the Court on granting an injunction shall have power to order the Corporation to pay to the owner of the work such compensation as the Court thinks just, but before making any such order the Court shall cause the [Commissioner] if not a party, to be joined, as a party to the proceeding.
