Section 351 in The Mumbai Municipal Corporation Act, 1888
351. Proceedings to be taken in respect of buildings or work commenced contrary to section 347.
- [(1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of sections 352, 352A and 354A. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.] [Sub-section (1) inserted by Maharashtra 2 of 2012, Section 3(1) dated 13-3-2012.](1A)[] [This existing sub-section was re-numbered as sub-section (1A) by Maharashtra 2 of 2012, Section 3(1).] If the erection of any building or the execution of any such work as is described in section 342, is commenced contrary to the provisions of [section 342 or 347] [These words and figures were substituted for the word and figures 'Section 347' by Maharashtra 10 of 1998, Section 143(a).], the [Designated Officer] [These words were substituted for the word 'Commissioner' by Maharashtra 2 of 2012, Section 3(2) dated 13-3-2012.], unless he deems it necessary to take proceedings in respect of such building or work under section 354, shall-(a)by written notice, require the person who is erecting such building or executing such work, or has erected such building or executed such work, [or who is the owner for the time being of such building or work] [These words were inserted by Bombay 64 of 1953, Section 14.], [within seven days from the date of service of] [These words were substituted for the words 'on or before such days as shall be specified in' by Maharashtra 10 of 1998, Section 143(b).] such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the [Designated Officer] [These words were substituted for the word 'Commissioner' by Maharashtra 2 of 2012, Section 3(2) dated 13-3-2012.], to show sufficient cause why such building or work shall not be removed, altered or pulled down; or(b)shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally, or by an agent duly authorized by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.[Explanation. - "To show sufficient cause" in this sub-section shall mean to prove that the work mentioned in the said notice is carried out in accordance with the provisions of section 337 or 342 and section 347 of the Act.] [This explanation was inserted by Maharashtra 10 of 1998, Section 143(c).](2)If such person shall fail to show sufficient cause, to the satisfaction of the [Designated Officer] [These words were substituted for the word 'Commissioner' by Maharashtra 2 of 2012, Section 3(3) dated 13-3-2012.], why such building or work shall not be removed, altered or pulled down, the [Designated Officer] [These words were substituted for the word 'Commissioner' by Maharashtra 2 of 2012, Section 3(3) dated 13-3-2012.] [* * * * *] [The words 'with the approval of the Standing Committee' were deleted by Maharashtra 37 of 1971, Section 2.] may remove, alter or pull down the building or work and the expenses thereof shall be paid by the said person. [In case of removal or pulling down of the building or the work by the [Designated Officer] [This portion was added by Maharashtra 11 of 2002, Section 25(a).], the debris of such building or work together with other building material, if any, at the sight of the construction, belonging to such person, shall be seized and disposed of in the prescribed manner and after deducting from the receipts of such sale or disposal, the expenditure incurred for removal and sale of such debris and material, the surplus of the receipts shall be returned by the [Designated Officer] [These words were substituted for the word 'Commissioner' by Maharashtra 2 of 2012, Section 3(3) dated 13-3-2012.], to the person concerned.](3)[ No court shall stay the proceeding of any public notice including notice for eviction, demolition or removal from any land or property belonging to the State Government or the Corporation or any other local authority or any land which is required for any public project or civil amenities, without first giving the Commissioner a reasonable opportunity of representing in the matter.] [Sub-section (3) was added by Maharashtra 11 of 2002, Section 25(b).]
