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State of Sikkim - Section

Section 9 in Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985

9.

(1)If at any time it appears to the State Government that any structure in any notified area (including under this expression any building, wall or other structure and anything affixed to or projecting from any building, wall or other structure) is found unsafe for human habitation or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structures or place in the neighborhood thereof the State Government may, by a written notice of not less than seven days, require the owner or occupier
(a)to demolish or to repair such structure in such manner as may be specified in the notice; or
(b)to repair protect or enclose such structure in such manner as may be specified in the notice.
(2)Where it appears 'to the State Government that immediate action-is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the State Government itself to take such immediate action; and in such case it shall not be necessary for the State Government to give notice, if it appears to it that the object of taking immediate action shall be defeated by the delay incurred in giving notice.
(3)Where any owner or occupier fails to comply with the notice served upon him, the State Government may demolish or remove such structure or fixture under sub-section (1) or sub-section (2) and recover the expenses of such demolition or removal from the owner or occupier, as the case may be.