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State of Maharashtra - Section

Section 291 in The City of Nagpur Corporation Act, 1948

291. Reclamation of low-lying sites. - (1) If for any reason it appears to the [Commissioner] that the level of the site on which it is proposed to erect or re-erect a building is so low that such building is likely to become insanitary or likely to be a source of nuisance, he shall give to the owner of the site proposed to be built upon a notice in writing, calling upon him to show cause in writing within thirty days after the receipt of such notice why the site should not be reclaimed with such materials and raised to such height and within such period not being less than six months from the date of the notice, as the [Commissioner] thinks fit and in the notice, the [Commissioner] shall specify the cost at which the site can be reclaimed and raised by municipal agency if the owner desires to employ that agency.

(2)If no objection is stated within such period as aforesaid, or if any objection which is stated appears to the [Commissioner] to be insufficient or not well founded, he may by a notice in writing, direct such owner or occupier,-
(a)to reclaim and raise the site within the specified period; or
(b)within thirty days after the receipt of the said notice to pay to the [Commissioner] the estimated cost of reclaiming and raising the site by municipal agency.
(3)In any case in which the estimated cost of the reclamation has not been paid to the [Commissioner] and the owner will proposes to erect the building and fails to commence the reclamation within three months of the receipt of the notice under sub-section (2), or if he fails to raise the site to the specified height with the specified materials within the specified period, the [Commissioner] may recover from him the estimated cost as stated in the notice issued under subsection (1), or so much thereof as the [Commissioner] considers necessary to complete the work, and shall carry out and complete the work.