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State of Bihar - Section

Section 118 in The Bihar and Orissa Local Self-Government Act, 1885

118. Power of Union Committee to control building and penalties for disobedience.

(1)The Union Committee may, subject to rules made by the [State] [Substituted by ALO.] Government under this Act, by written order,
(a)direct, in accordance with a scheme approved by the District Board and sanctioned by the Commissioner, in respect of any village that no building with it is proposed to erect in such village, and no addition to any existing building therein, shall be placed in advance of any alignment to be prescribed by the Committee and demarcated on the ground,and
(b)prescribe, in accordance with the said scheme, the space which shall intervene between each new building and between new buildings and any road in the village.
(2)Where any building, or any addition thereto, has been placed in contravention of an order passed by the Union Committee under sub-section (1), the Union Committee may apply to the District Magistrate, and such Magistrate may make an order-
(i)directing that the work done, or so much of the same as has been executed in contravention of the order passed under sub-section (1) be demolished by the owner of the building or altered by him to the satisfaction of the Committee, as the case may require, or
(ii)directing that the work done, or so much of the same as has been executed in contravention of the order passed under sub-section (1), be demolished or altered by the Union Committee at the expense of the owner:
Provided that the Magistrate shall not make any such order without giving the owner and occupier full opportunity of adducing evidence and of being heard in defence.
(3)If any person to whom a direction to demolish or alter any building is given under sub-section (2), clause (i) fails to obey the same, he shall be liable to fine which may extend, in the case of a masonry building, to one hundred rupees and, in the case of any other building, to twenty rupees, and to further fine which may extend, in the case of a masonry building, to ten rupees, and in the case of any other building, to two rupees, for each day during which he so fails alter the first day.