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State of Arunachal Pradesh - Section

Section 305 in Arunachal Pradesh Municipal Act, 2007

305. Removal of congested buildings.

(1)If it appears to the Chief Municipal Executive Officer/ Municipal Executive Officer that any block of building is in an unhealthy condition by reason of the manner in which the building are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or by reasons of any other cause to be specified in writing, he shall cause block of buildings to be inspected by the Chief Municipal Health Officer and the Chief Municipal Architect and Engineer , who shall consult the owners and the occupier of such block of buildings and the owners and the occupier of other building affected by the unhealthy condition and shall thereafter make a report in writing to him regarding the sanitary condition of such block of buildings.
(2)If, upon receipt of the report under sub-section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer considers that the sanitary condition of such block of building is likely to cause risk of disease to the inhabitants of the building or the neighborhood or otherwise to endanger the community health, he shall with the approval of the Empowered Standing Committee, select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of such block of building and may thereupon by notice, in writing, require the owners of such buildings to remove them within such period as may be specified in the notice :Provide that before issuing the notice, a reasonable opportunity shall be given to the owners to show cause, either in writing or in person, why the buildings should not be removed :Provided further that the Chief Municipal Executive Officer/ Municipal Executive Officer shall for the removal of any such building, which may have been erected lawfully, pay compensation to the owner for any such building.
(3)If the notice under sub-section (2) requiring any owner of a building to remove sub building is not complied with then after the expiration of the period specified in the notice, the Chief Municipal Executive Officer/ Municipal Executive Officer may himself remove the building and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.