Section 23 in Cuttack Development Authority (Planning and Building Standards) Regulations, 2001
23. Hazardous/unsafe building.
(1)All unsafe buildings shall be considered as to constitute a danger to public safety and shall be either restored by repairs or demolished or dealt with in the manner as decided by the Authority.(2)The Authority shall examine or cause to be examined every building reported to be unsafe or in damaged condition and shall record the details of such examination in writing.(3)Wherever the authority finds any building or portion thereof to be unsafe, it shall, in accordance with established procedure for legal notice, give the owner and occupier of such building a notice in writing stating the defects thereof. The notice shall require the owner or the occupier either to complete necessary repairs or improvements as directed in the notice or to demolish and remove the building or portion thereof within a specified time mentioned in the notice.(4)The Authority may direct in writing that the building which in its opinion is dangerous or has no provision for exit in case of fire, shall be vacated immediately or within the period specified for the purpose for which the Authority shall keep a record of the reason for such action.(5)The Vice-Chairman of the Authority may also inform the matter to the sub-division magistrate having jurisdiction under Section 133 or 144 of the Code of Criminal Procedure, to take appropriate action on the matter.(6)If any person does not comply with order of vacating a building, the Authority may seek the help of the police to remove the person from the said building.(7)In case the owner or occupier fails, neglects or refuses to comply with the notice to repair or to demolish the said building or portion thereof, the Authority shall cause the danger to be removed either by demolition or repair of the building or portion thereof or otherwise and the owner or occupier shall be liable to pay the expenditures incurred in the above works.(8)(i)In case of emergency, which in the opinion of the Authority, involves instant danger to human life or health, the decision of the Authority shall be final. The Authority shall, forthwith or with such notice as may be necessary, promptly cause such works to be done to such building or portion thereof so as to restore it safe or to demolish it. For this purpose the Authority may at once enter upon such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be deemed necessary. The Authority while undertaking such operation may also get the adjacent structures vacated in order to protect the inhabitants in it and protect the public by and appropriate fence or such other means as may be necessary.(ii)The rain water and household refuse water shall be channelled to the road side drain. In no case the same shall be allowed to flow into the neighbouring plot. The Authority shall have the power to require the owner to undertake drainage work as deemed necessary at their own expense.(9)Expenditure incurred by the Authority in connection with the works specified in sub-Regulation (5), (6), (7) and (8) above shall be charged on the owner of the premises involved and shall be recoverable in the manner as laid down under Section 102.(10)Where the Authority is satisfied that the construction of the building or any activity therein is harmful to the neighbouring building or plot, the Authority shall have power to remove the structure or require the owner to undertake such repair or modification or change in the use as deemed fit at their own expense. Such work shall be completed by the owner within the time prescribed by the Authority.
