Section 27 in Uttarakhand Special Area (Planned Development and Promotion of Tourism) Act, 2013
27. Order of demolition of building.
(1)Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or sector plan or without the permission, approval or sanction referred to in section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, then without prejudice to the provisions of section 26 the authority may make an order, directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development or has been commenced or is being carried out or has been completed, within such period not being less than fifteen days as may be specified in the order and on his failure to comply with the order, may remove or cause to be removed such development and expenses of such removal shall be recoverable from the owner or the person at whose instance the development was commenced or was being carried out or was completed, as arrears of land revenue and no suit shall lie in the Civil Court for recovery of such expenses:Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.(2)The provisions of this section shall be in addition to and not in derogation of any other provisions relating to demolition of buildings contained in any other law for the tune being in force.(3)Any person aggrieved by an order passed under sub-section (1) may within thirty days from the date of such order, prefer an appeal to the Secretary, Tourism, State Government and the decision of the Secretary, Tourism, State Government in such appeal shall be final.(4)The provisions of the Code of Civil Procedure, 1908, shall mutatis mutandis apply to the hearing and disposal of any appeal under this section, as if It were an appeal from original decree under the Code.(5)It shall be lawful for the Secretary Tourism, State Government to pass such interlocutory or interim orders including stay of operation of the order appealed against, as he considers necessary for the ends of justice.
