Section 352A in The Mumbai Municipal Corporation Act, 1888
352A. [ Conferment temporarily of summary powers for demolition on the [Designated Officer] [Section 352A was inserted by Maharashtra 23 of 1975 Section 2, which shall remain in force for a period of six years with effect from 5th May, 1979 and shall then ,expire. The original period of two years was extended to six years by Maharashtra 18 of 1981, Section 2.].
(1)If the erection of any building, or the execution of any such work as is described in section 342, is commenced contrary to the provisions of section 347, and the [Designated Officer] [These words were substituted for the words 'Commissioner' by Maharashtra 2 of 2012, Section 5(1) dated 13-3-2012.] is of the opinion that immediate action should be taken, then the provisions of section 351 and section 352 shall apply with the modification that in sub-section (1) of section 352, the words with the approval of [the Standing Committee] [These words were substituted for the words 'the Member-in-Charge' by Maharashtra 27 of 1999, 120, (w.e.l. 23-4-1999).]," shall be deleted.(2)Notwithstanding anything contained in this Act, any notice to be given by the [Designated Officer] [These words were substituted for the words 'Commissioner' by Maharashtra 2 of 2012, Section 5(2) dated 13-3-2012.] under section 351 or section 352 shall not be of less duration than 24 hours, and shall be deemed to be duly served if it is affixed in some conspicuous part of the building to which the notice relates and published by proclamation on or near such building accompanied with beat of drum and upon such affixation and publication all persons concerned shall be deemed to have been duly informed of the matters stated therein.(3)Where the [Designated Officer] [These words were substituted for the words 'Commissioner' by Maharashtra 2 of 2012, Section 5(3) dated 13-3-2012] has resorted to the provisions hereinbefore mentioned, the State Government, or a Secretary to Government authorised by the State Government in this behalf, may, suo motu, or on application made, within a period of fifteen days, call for and examine the record of any case in which the [Designated Officer] [These words were substituted for the words 'Commissioner' by Maharashtra 2 of 2012, Section 5(3) dated 13-3-2012] has taken such action, for the purpose of satisfying itself or himself as to the legality or propriety of such action and may, after giving to the persons concerned a reasonable opportunity of being heard, pass such orders thereon as it or he, as the case may be, deems just, including any order for compensation, which shall be paid by the Corporation to any person for any wrongful damage or loss incurred by such action.(4)[* * * *] [Sub-section (4) was deleted by Maharashtra 2 of 2012, Section 5(4) dated 13-3-2012.]]
