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State of Arunachal Pradesh - Section

Section 363 in Arunachal Pradesh Municipal Act, 2007

363. Power to order removal of dangerous building.

(1)If any wall or building or anything affixed thereto, is deemed by the Chief Municipal Executive Officer/ Municipal Executive Officer to be in a ruinous state, or is likely to fall or to be in any way dangerous, he shall forthwith cause a notice, in writing to be served on the owner and to be put on some conspicuous part of the wall or building or served on the occupier, if any of the building requiring such owner or occupier forthwith to demolish, repair or secure such wall, building or thing as the case may require.
(2)The Chief Municipal Executive Officer/ Municipal Executive Officer may if it appears to him necessary so to do cause a proper hoarding or fence or other means of protection to be put up at the expense of the owner of such wall or building for the safety of the public or the inmates thereof and may after giving them such notice as the Chief Municipal Executive Officer/ Municipal Executive Officer may think necessary require the inmates of the building to vacate it.
(3)The provisions of this Act and of any rules or regulations made thereunder relating to buildings shall apply to any work done in pursuance or in consequence of a notice issued under sub-section (1).
(4)
(a)Withstanding anything contained in the foregoing provisions of this section, the Chief Municipal Executive Officer/ Municipal Executive Officer may forthwith or with such notice as he thinks fit demolish, repair or secure or cause to be demolished, repaired or secured any such wall or building or thing affixed thereto, on the report of the Municipality Architect and Town Planner, certifying that such demolition, repair or securing of the building, wall or thing is necessary for the safety of the public or the inmates of the building,
(b)In any such case, the Chief Municipal Executive Officer/ Municipal Executive Officer may cause the inmates of the building to be summarily removed from such building or from such portion thereof as he may consider necessary.
(c)All expenses incurred by the Chief Municipal Executive Officer/ Municipal Executive Officer for carrying out the purposes of this sub-section shall be paid by the owner of such wall, building or thing.
(5)Anything done or any action taken by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (4) shall unless the contrary is proved be deemed to have been done or taken lawfully and in good faith.