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State of Haryana - Section

Section 181 in The Haryana Municipal Act, 1973

181. [Punishment for immovable encroachment or overhanging structure over street.] [Substituted vide Act No. 29 of 1988.]

(1)Whoever, without the written permission of the committee, makes any immovable encroachment on or under any street on, over or under any sewer, or watercourse, or erects or re-erects any immovable overhanging structure projecting into a street at any point above the said ground level, shall be punishable with imprisonment for a term upto six months or with a fine which shall not be less than [two thousand rupees] [Substituted for 'one thousand rupees' vide Haryana Act No. 14 of 2000.] and more than [ten thousand rupees] [Substituted for 'five hundred rupees' vide Haryana Act No. 14 of 2000.] or both.
(2)[ Without prejudice to the provisions of sub-section (1), the committee, the executive officer or the secretary, as the case may be, may, by notice call upon any person who has committed a breach of the provisions contained in the said sub-section, to stop the unauthorised construction forthwith and to remove or alter such immovable encroachment or overchanding structure as aforesaid within a period of seven days and if such person fails to show cause to the satisfaction of the committee, the executive officer of the secretary, as the case may be, within the said period of seven days, the committee, the executive officer or the secretary, as the case may be, shall proceed to remove the unauthorised construction and the cost of the such removal shall be recovered from the defaulter. If the defaulter fails to pay the cost of removal of unauthorised construction on demand within fifteen days, the cost shall be recoverable from such person as arrears of land revenue and the committee shall dis-connect the water supply and the sewerage connections ; [Substituted vide Haryana Act No. 14 of 2000.]Provided that if a period of more than five years has elapsed from the completion of encroachment or overhanging structure, no prosecution shall lie under sub-section (1).]