Section 256 in Chennai City Municipal Corporation Act, 1919
256. Demolition or alteration of building [***] [Omitted by Tamil Nadu Act 28 of 1978.] work unlawfully commenced, carried on or completed.
(1)If the commissioner is satisfied-(i)that the construction or re-construction of any building [***] [Omitted by Tamil Nadu Act 28 of 1978.]-(a)has been commenced without obtaining the permission of the commissioner or where an appeal or reference has been to the [standing committee] [Substituted for 'licence appeals committee' by the Madras City Municipal Corporation and Tamil Nadu District Municipalities (Amendment and Extension of Terms of Office) Act, 1971 (Tamil Nadu Act 22 of 1971).], in contravention of any order passed by the [standing committee] [Substituted for 'licence appeals committee' by the Madras City Municipal Corporation and Tamil Nadu District Municipalities (Amendment and Extension of Terms of Office) Act, 1971 (Tamil Nadu Act 22 of 1971).], or(b)is being carried on, or has been completed otherwise than in accordance with the plans of particulars on which such permission or order was based, or(c)is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or by-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or by-laws, or(ii)that any alterations required by any notice issued under section 244 have not been duly made, or(iii)that any alteration of, or additions to, any building or any other work made or done for any purpose in, to, or upon any building, has been commenced, or is being carried on or has been completed in breach of section 255, he may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the commissioner, has been unlawfully executed, or to make such alterations as may, in the opinion of the commissioner, be necessary to bring the work into conformity with the Act, rules, by-laws, direction or requisition as aforesaid, or with the plans or particulars on which such permission or order was based, and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building [***] [Omitted by Tamil Nadu Act 28 of 1978.].(2)The commissioner shall serve a copy of the provisional order made under sub-section (1) on the owner of the building [***] [Omitted by Tamil Nadu Act 28 of 1978.] together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.(3)If the owner fails to show cause to the satisfaction of the commissioner, the commissioner may confirm the order with any modification he may think fit to make [and such order shall then be binding on the owner.] [Added by section 124 of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).]
