Section 13 in The Jammu and Kashmir State Town Planning Act, 1963
13. [ Order of demolition of building. - (1) Where the erection of any building or structure has been commenced, or is being carried on, or has been completed in contravention of the scheme or without the permission referred to in section 10 or in contravention of any condition subject to which such permission has been granted, the prescribed authority shall in addition to any prosecution that may be instituted under this Act, issue a notice in writing stating the reasons, calling upon the person to show cause within a period of-
(a)three days if the erection of any building or structure has been commenced or is being carried on; and(b)seven days if the erection of any building or structure has been completed why the building should not be altered or demolished as he may deem necessary to remove the contravention.(2)Notwithstanding anything to the contrary contained in this Act, the prescribed authority shall cause notice to be affixed on the outer door or some conspicuous part of the building whereupon the notice shall be deemed to have been duly served upon such person.(3)If the person to whom notice has been given refuses or fails to show cause within the period specified under sub-section (1) or if after hearing that person and considering any evidence which he may produce in support of his claim within that period, the prescribed authority is satisfied that the erection of the building is in contravention of the provisions of this Act, he shall by order direct the person to demolish, alter or pull down the building or part thereof so far as is necessary to remove the contravention within ten days and if the person fails to comply with the direction, the prescribed authority shall after the expiry of the said period of ten days cause the building or part thereof to be demolished, altered or pulled down, as the case may be, and may for that purpose use such police force as may be necessary. The expenses of such demolition or alteration shall be recoverable from the owner as arrears of land revenue.(4)Any person aggrieved by the order of the prescribed authority directing the person to demolish, alter or pull down the building or part thereof under sub-section (3), may prefer an appeal to the Minister or the authority appointed by him in this behalf within ten days after the date of aforesaid order of the prescribed authority. The memorandum of appeal need not be accompanied by a copy of order appealed against :Provided that the Minister or the authority appointed by him in this behalf shall decide the appeal within ten days from the date the appeal is filed; failing which it shall be presumed that the appeal has been accepted :Provided further that the Minister or the authority appointed by him in this behalf may, either before or after the tiling of the appeal, compound the offence and accept by way of compensation such sum as he or it may deem reasonable subject to such rules, regulations and orders as may be prescribed. Where an offence has been compounded no further action shall be taken against the aggrieved person in respect of the offence so compounded. The sum so accepted shall be recoverable as arrears of land revenue.(5)An appeal against the order of the prescribed authority shall not operate as stay of proceedings under the order appealed against :Provided that the Minister or the authority appointed by him in this behalf may stay the enforcement of that order if he is satisfied-(a)that substantial loss may result to the person applying for stay or execution unless the order is made; and(b)that sufficient security as the Minister or the authority may determine has been given by the applicant for due performance of the order as may be ultimately binding upon him.(6)The decision of the Minister or the authority on the appeal shall be final and shall not be questioned in any court.(7)The appellant shall have a right to appear by a counsel and the prescribed authority may be represented by such officer or person as the Government may appoint.] [Substituted by Act No. XXI of 1978, section 3.]
