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[Cites 0, Cited by 3] [Section 12] [Entire Act]

State of Gujarat - Subsection

Section 12(1) in The Gandhidham (Development and Control on Erection of Buildings) Act, 1957

(1)Where the Authority is satisfied that the erection of any building has been commenced, or is being carried on, or has been continued in contravention of any direction issued under section 6 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted, the Authority may make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding two months, and on the failure of the owner to comply with the order, the Authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner in the same manner as an arrear of land-revenue:Provided that before causing such erection to be demolished, the Authority shall make a reference [to the District Judge, Kutch, who shall constitute a Board of Appeal under section 19 for deciding the reference.] [These words and figures were substituted for the words and figures 'to the Board of Appeal constituted under section 19' by Gujarat 35 of 1961, section 3.] The Board shall after giving notice to the owner and after giving him reasonable opportunity to show cause why the erection should not be demolished, confirm, modify or cancel the order of demolition. The decision of the Board shall be conclusive, and shall not be liable to be questioned in any suit in a civil or any proceeding in a criminal court.