Section 91A in The Rajasthan Urban Improvement Act, 1959
91A. [ Order of demolition of buildings etc. [Inserted by Rajasthan Act 26 of 1976, dated 17-4-1976. w.e.f. 28-2-1976.]
(1)Where the erection of any building in any urban area has been commenced or is being carried on. or has been completed in contravention of the master plan or of any scheme sanctioned and notified by the State Government or of the sanction of the Trust under sub- section (1) of section 72 or without the permission obtained under section 73, or in contravention of any rules or conditions subject to which such permission has been granted, the Trust may, in addition to any prosecution that may be instituted under this Act, make an order directing that such erection shall be demolished by the owner thereof [within such period not exceeding one month] as may be specified in the order and on the failure of the owner to comply with the order, [the Trust may itself] [Substituted by Rajasthan Act 9 of 1978, dated 26-10-1978, w.e.f. 15-6-1978.] cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue:]Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made.(2)Any person aggrieved by an order under sub-section (1) may appeal to the [Divisional Commissioner] [Substituted by Rajasthan Act 18 of 1991, dated 19-10-1991, w.e.f. 27-8-1991.] against the order within 30 days from the date of the order of the Trust and the [Divisional Commissioner] [Substituted by Rajasthan Act 18 of 1991. dated 19-10-1991. w.e.f. 27-8-1991.] may after hearing the parties to the appeal either dismiss the appeal or may reverse or vary the whole or any part of the order.(3)The decision of the [Divisional Commissioner] [Substituted by Rajasthan Act 18 of 1991. dated 19-10-1991. w.e.f. 27-8-1991.] in the appeal shall be final and shall not be questioned in any court:[Provided that where any officer of the Trust threatens to remove or demolish, or otherwise cause any injury to, an erection, the person aggrieved may file an application for the adjudication of the dispute to the Divisional Commissioner within thirty days of the communication or knowledge of such threat. The decision of the Divisional Commissioner shall be final.] [Inserted by Rajasthan Act 18 of 1991. dated 19-10-1991, w.e.f. 27-8-1991.]
