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State of Jharkhand - Section

Section 389 in Jharkhand Municipal Act, 2011

389. Reclamation of low-lying sites.

(1)If for any reason it appears to the Municipal Commissioner or the Executive Officer that the level of 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 as to 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 Municipal Commissioner or the Executive Officer thinks fit; and in the notice, the Municipal Commissioner or the Executive Officer shall also 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 reply is received to the notice within such period as aforesaid, or if the reply furnished by the owner appears to be insufficient or not well founded, the Municipal Commissioner or the Executive Officer may, by a notice in writing direct such owner or occupier -
(a)to reclaim and raise the site within the specified period; or
(b)to pay to the Municipal Commissioner or the Executive Officer within thirty days after the receipt of the said notice the estimated cost of reclaiming and raising the site by municipal agency.
(3)If the owner fails to commence the reclamation and raise the site to specific height with the specified materials within the specified period, or has not paid the estimated cost of reclaiming and raising the site, the Municipal Commissioner or the Executive Officer shall carry out and complete the work and recover the cost from the owner