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State of Assam - Section

Section 88 in Guwahati Metropolitan Development Authority Act, 1985

88. Power of demolition of Building.

(1)Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or Development Scheme or without the permission approval or sanction referred to in Section 25 and Section 30 of the Act or in contravention of any condition subject to which such permission, approval or sanction has been granted the Authority may in addition to any prosecution that may be instituted under the Act make an order directing that such development shall be removed by demolition, filling or otherwise by the owner, occupier, manager or by any person at whose instance the development has been commenced or is being carried out or has been completed within such period not being less than five days and more than thirty days from the date on which a copy of the order of removal with brief statement of the reasons thereof has been delivered to the owner, occupier and manager of the person at whose instance the development has been completed as may be specified in order and on his failure to comply with the order, the Authority may remove or cause to be remove the development and the expenses of such removal shall be recovered from the owner, occupier manager or any person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue provided that no such order shell be made unless the owner, occupier manager or any person concerned has been given a reasonable opportunity to show cause why the order shall not be made.
(2)The provisions of the this Section shall be in addition to and not in derogation of/ any other provisions relating to demolition of buildings contained in ay other law for the time being in force.
(3)No compensation shall be claimed by any person for any damage which he may sustain in consequence of the removal of any development under this Section or the discontinuance of the development under Section 87 of this Act.