Section 269 in The City of Panaji Corporation Act, 2002
269. Power to require removal or alteration of work not in conformity with bye-laws or any scheme or any other requirement.
(1)If any building is erected or re-erected in contravention of any town-planning scheme mentioned under section 255 or of any building bye-laws made under section 386, the Commissioner, without prejudice to his right to take proceedings for a fine in respect of the contravention, may by notice require the owner either to pull down or remove the work or, if he so elects to effect such alterations therein as may be necessary to make it comply with the said scheme or bye-laws.(2)If a building is erected or re-erected-(a)without any sanction as required by section 256 (1), or(b)when sanction has been refused, or(c)in contravention of the terms of any sanction granted, or(d)when the sanction has lapsed under section 262,the Commissioner may by notice require the owner or owners to alter or demolish the building within such reasonable time as the Commissioner may think fit.(3)If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiry of twenty-eight days, or such longer period as the District Court, North Goa, Panaji, may on his application allow, the Commissioner - may pull down or remove the work in question, or effect such alteration therein as he deems necessary, and may recover from him the expenses reasonably incurred by the Commissioner in so doing.(4)If the plans are approved by the Commissioner and the approval is communicated to the person intending to build the house or if the plans are rejected by the Commissioner but no notice of their rejection is given to the person intending to build the house within the prescribed period, it shall not be open to the Commissioner to give a notice under sub-sections (1) and (2) on the ground that the building is erected or re-erected in contravention of any scheme or bye-laws or any other requirements under this Chapter.(5)Nothing in this section shall affect the right of the Corporation or any other person to apply to the District Court, North Goa, Panaji, for an injunction for the removal or alteration of any building on the ground that it contravenes any provision of this Act or of the bye-laws made thereunder, but if the building is one in respect of which plans have been deposited and the plans have been passed by the Commissioner or no notice of its rejection has been given within the prescribed period after the deposit thereof, and if the work has been executed in accordance with the plans, the Court on granting an injunction shall have power to order the Corporation to pay to the owner of the works such compensation as the Court thinks just, but before making any such order the Court shall cause the Commissioner, if already not impleaded as a party, to be joined as a party to the proceeding.
