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[Cites 0, Cited by 0] [Section 219] [Entire Act]

State of Gujarat - Subsection

Section 219(2) in The Gujarat Municipalities Act, 1963

(2)The powers which may be conferred on a municipality under sub-section (1) are as follows:
(a)power when any building or block already existing or in course of erection, by reason of any defect specified in sub-section (1) has given or is in the opinion of the municipality likely to give rise to such risk as aforesaid, to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed, as the municipality deems fit, either to the owners thereof or to the owners of the land on which such building or block is erected or is in course of erection that the persons so addressed shall, within such reasonable time as shall be specified in the notice, either pull down or remove such building or block, or execute such works or take such action in connection therewith as the municipality deems necessary to prevent all such risk or disease;
(b)power by municipal or other agency to pull down or remove such building or block, or to execute such works or to take such action as aforesaid if the persons addressed in the said notice neglect so to do within the time specified therein;
(c)power, subject to a right of appeal to the [Director] [This word was substituted for the words 'Development Commissioner' by Gujarat 6 of 1965, section 5.] whose decision shall be conclusive, to prohibit, by written notice addressed to the owners and occupiers of any site or space hereinafter descried and by general notice published in the manner provided in sub-section (3) of section 226, the erection of any building or of any building exceeding such dimensions as may be specified in such notice:-
(i)on the site of any building which has, in whole or in part, under the provisions of this section, been pulled down, or
(ii)on any space not occupied by buildings, whether such space is private property or not and whether it is enclosed or not, if the municipality considers that in order to prevent such risk as aforesaid, such site or space should not be built upon in whole or in part; and either to acquire such site or space or to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to make thereof:
Provided that in every case compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided inn section 268 shall be paid to any person whose rights are affected by such prohibition.