49. Order of demolition of unauthorized construction.
(1)Where the erection of any building or execution of any work has been commenced or is being carried on, or has been completed on any Wakaf premises, by any person in occupation of such Wakaf premises under an authority, and such erection of building or execution of work is in contravention of or the authorized by such authority, then, the Chairman, Tehsil Committee may suo moto or on the application of any person authorized by him in this behalf, in addition to any other action that may be taken under the Act or in accordance with the terms of the authority, aforesaid, make an order for reasons to be recorded therein, directing that such erection or work shall be demolished by that person at whose instance the erection or work has been commenced, or is being carried on, or has been completed, within such period as may be specified in the order :Provided that no order under this sub-section shall be made unless the person concerned has been given, by means of a notice of not exceeding seven days a reasonable opportunity of showing cause why such order should not be made.(2)Where the erection or work has not been completed, the Chairman, Tehsil Committee may by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to sub-section (1) or at any other time, direct the person at whose instance the erection or work has been commenced, or is being carried on to stop the erection or work until the expiry of period within which an appeal against the order of demolition, if made may be preferred under section 53 of the Act.(3)The Chairman, Tehsil Committee shall cause every order made under sub-section (1), or as the case may be under subsection (2), to be affixed on the outer door, or some other conspicuous part of the Wakaf premises.(4)Where no appeal has been preferred against the order of demolition made by the Chairman, Tehsil Committee under sub-section(3)or wherein an order of demolition made by the Chairman, Tehsil Committee under that sub-section has been confirmed in appeal, whether with or without variation, the person against whom the order has been made, shall comply with the order within the period specified therein, or as the case may be within the period, if any, fixed by the appellate authority in appeal, and on the failure of the person to comply with the order within such period, the Chairman, Tehsil Committee or any other officer authorised by Chairman, Tehsil Committee in this behalf, may cause the erection or work to which the order relates, demolished.(5)Where an erection or work has been demolished, the Chairman, Tehsil Committee, may, by order, require the person concerned to pay the expenses of such demolition within such time and in such member of installments as may be specified in the order.
