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State of Kerala - Section

Section 432 in Kerala Municipality Act, 1994

432. Further powers with reference to insanitary buildings.

(1)Where the Secretary considers that-
(a)any building or portion thereof is, by reason of its having no plinth, or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is, for any reason, likely to endanger the public health or safety; or
(b)a block or group of buildings is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid,
he may, by notice, require the owners or occupiers of such buildings or portions thereof or, at his option, the owners of the land occupied by such buildings or portions thereof to execute such work or to take such measures as he may deem necessary for the prevention of such danger.
(2)No person shall be entitled to compensation for damage sustained by reason of any action taken under or in pursuance of this section, save where a building is demolished in pursuance of an order made hereunder, or so far demolished as to require reconstruction, in which case the Municipality shall pay compensation to the owner thereof.
(3)Where any building is entirely demolished under sub-section (2) and the demolition thereof adds to the value of other buildings or property in the immediate vicinity, the owners of such other buildings or property shall be bound to contribute towards compensation payable to the owner of the building so demolished in proportion to the increased value accrued by their own building or property, as the case may be.
(4)Where any building is so far demolished under sub-section (2) as to require reconstruction, allowance shall be made in determining the compensation for tbe benefit accruing to the premises from the improvement thereof.