349. Order of stoppage of building or works in certain cases.
(1)Where in the municipal are of a Municipality, the erection of any building or the execution of any work has been commenced or is being carried on, -(a)Without or contrary to the sanction referred to in section 346; or(b)In contravention of any condition subject to which such sanction has been accorded; or(c)In contravention of any provisions of this Act or the rules or the regulations made thereunder, the Chief Officer of the Municipality may, in addition to any other action that may be taken under this Act, by order, required the person at whose instances the building or the work has been commenced or is being carried on to stop the same forthwith.(2)No Court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Officer to restrain him from taking any action or making any order in pursuance of this section.(3)If an order made by the Chief Officer under subsection (1) of this section or under section 352, directing any person to stop the erection of any building or the execution of any work, is not complied with, the Chief Officer may take such measures, as he deems fit or may require a Police Officer to remove such person and all his assistants and workman from the premises within such time, as may be specified by the Chief Officer and such Police Officer shall comply with such requirements.(4)After the requirement under sub-section (3) has been complied with, the Chief Officer, may, if he thinks fit, depute, by a written order, a Police Officer or an Officer or other employees of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.(5)When a Police Officer or an Officer or employee of the Municipality has been deputed under sub-section (4) to watch the premises, the cost of such deputation, to be determined by the Municipality by regulations, shall be paid by the person at whose instance such erection or execution is being carried or who was ordered to stop erection of the building or the execution of work under sub-section (1), and shall be recoverable from such person as arrears of Tax under this Act.
