436. Order of demolition and stoppage of buildings or works in certain cases and appeal.
(1)Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed without, or contrary to, the approval referred to in section 427, or in contravention of any of the provisions of this Act or the rules or the regulations made thereunder, the Municipal Commissioner or the Executive Officer may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or the work has been commenced or is being carried on or has been completed, within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to such person, as may be specified in the order :Provided that no order of demolition shall be made unless such person has been given, by means of a notice served in such manner as the Municipal Commissioner or the Executive Officer may think fit, an opportunity of showing cause why such order shall not be made:Provided further that where the erection of any building or the execution of any work has not been completed, the Municipal Commissioner or the Executive Officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct such person to stop the erection of such building or the execution of such work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section (3).Explanation. - In this chapter, "the person at whose instance" shall mean the owner, or the occupier, or any other person who causes the erection of any building or the execution of any work, including alterations or additions, if any, to be done, or does it by himself.(2)The Municipal Commissioner or the Executive Officer may make an order under sub-section (1), notwithstanding the fact that the assessment of such building has been made for the levy of the property tax on lands and buildings.(3)Any person aggrieved by an order of the Municipal Commissioner or the Executive Officer under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order before the Building Tribunal.(4)Where an appeal is preferred under sub-section (3) against an order under subsection (1), the Municipal Building Tribunal referred in section 442 may stay the enforcement of the order on such terms, if any, and for such period, as it may think fit:Provided that where the erection of any building or the execution of any work has not been completed at the time of the order under sub-section (1), no order staying the enforcement of the order under that sub-section shall be made by the Municipal Building Tribunal unless a surety, sufficient in the opinion of that Tribunal has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.(5)Save as provided in this section, no Court shall entertain any suit, application or other proceeding for injunction or other relief against the Municipal Commissioner or the Executive Officer to restrain him from taking any action, or making any order, in pursuance of the provisions of this section.(6)Every order made by the Municipal Building Tribunal on appeal and, subject to such order, every order made by the Municipal Commissioner or the Executive Officer under sub-section (1), shall be final and conclusive.(7)Where no appeal has been preferred against an order made by the Municipal Commissioner or the Executive Officer under sub-section (1) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein or, as the case may be, within the period, if any, fixed by the appeal, and, on the failure of such person to comply with the order within such period, the Municipal Commissioner or the Executive Officer may himself cause the building or the work to which the order relates to be demolished, and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.(8)Notwithstanding anything contained in this chapter, if the Standing Committee is of the opinion that immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may, for reasons to be recorded in writing, cause such building or work to be demolished forthwith.
