208. Order of demolition and stoppage of building and works in certain cases.
(1)Where the erection of any building or execution of any work has commenced or is being carried on, or has completed without or contrary to the sanction as required by sub-section (1) of section 201; or without notice as required by sub-section (2) of Section 201; or when sanction has been refused, or in contravention of any provisions of this act or bye-laws, made thereunder, the committee, the Executive Officer or the Secretary, as the Case may be, may, within six months from the completion of the building, in addition to any other action that may be taken under this Act, make an order directing that such erection under this Act, make an order directing that such erection work shall be demolished by the person at whose instance the erection of work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person), as may be specified in the order of demolition :Provided that no order of demolitions shall be made unless the person has been given by means of a notice served in such manner as the committee, the executive officer or the secretary, as the case may be, may think fit, a reasonable opportunity of showing cause as to why such order shall not made :Provided further that where the erection or work has not been completed, the committee, the executive officer or the secretary, as the case may be, may at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under Section 209.(2)Where no appeal has been preferred against an order of demolition made by the committee, the executive officer or the secretary, as the case may be, or the same has been confirmed on appeal, whether with or without variation by the Deputy Commissioner, the person against whom the order has been made shall comply with the order within the period specified therein, and on the failure of the person to comply with the order within such period, the committee, the executive officer or the secretary, as the case may be, may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolitions shall be recoverable from such person as arrears of taxes under this Act.(3)Any person failing to comply with the terms of such notice shall be punishable with imprisonment for a term up to six months or with a fine which shall not be less than five thousand rupees and more than ten thousand rupees or both and when non-compliance is a continuing one, with a further fine of one hundred rupees every day the first offence during which the non-compliance continues, provided that the offence under this Section shall not be deemed to be compounded unless the offender has paid all the charges and got the building regularised by following due procedure:Provided that the committee may, instead of requiring the alteration or demolition of any such building, accept by way of composition fee prescribed in the rules:[Provided further that the committee may, instead of requiring the alternation or demolition of any such building constructed in contravention of the provisions made under Section 203C to 203E of this Act, accept by way of composition fee as prescribed but such acceptance shall not be without the prior approval of the Director]. [Second proviso inserted vide Haryana Act No. 1 of 2001.]Provided further that if the violation of the building bye-laws is higher than the permissible limits under the rules, the building shall be demolished;[Provided further that the committee shall require a building to be demolished or altered so far as may be necessary to avoid contravention of a building scheme drawn up under Section 203.] [Substituted vide Haryana Act No. 14 of 2000.]
