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Showing contexts for: land pulling in Shri. Nilesh R. Ghadge vs State Of Maharashtra And Ors on 25 July, 2017Matching Fragments
(a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or
(b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.
2) If such owner fails to show sufficient cause to the satisfaction of the Commissioner why such building or any part thereof, which is within the regular line of the street, shall not be pulled down and the land within the said line acquired as aforesaid, the Commissioner may, with the approval of the Standing Committee, require the owner by a written notice to pull down the building or part thereof which is within the regular line of the street within such period as is habeeb 5 11.wp.6403.16.sxw prescribed in the notice.
5) Nothing in this section shall be deemed to apply to buildings vesting in the [Government].
6] Sub-section 1 provides that if any building and any part thereof is within regular line of a public street and the Commissioner is of the opinion that it is necessary to set back a building to the regular line of the street, he is empowered to issue a show cause notice as required by Sub-section 1 of Section 212 to the owner of the building calling upon him to show cause as to why any part which is within the regular line of the street should not be pulled down and the land within the road line should not be acquired. Clause (b) of Sub-section 1 of Section 212 shows that the Municipal Commissioner is under an obligation to give personal hearing by fixing a date for hearing. After considering the reply to the show cause notice and after giving hearing to the owner, the Commissioner is required to record a satisfaction whether the owner has shown sufficient cause. Further part of sub- section 2 provides that if the Commissioner is satisfied that the owner has failed to show sufficient cause, the Commissioner may with the approval of the Standing Committee require the owner by a written notice to pull down the building or a part thereof which is within the habeeb 6 11.wp.6403.16.sxw regular line of the street. Thus, Sub-section 2 makes it very clear that in the event Commissioner is satisfied that the owner has failed to show sufficient cause, before issuing a written notice to the owner to pull down the building or a part thereof, it is necessary for the Commissioner to obtain approval of the Standing Committee. The approval of the Standing Committee must precede the action of the Commissioner of issuing a written notice to the owner to pull down the building or a part thereof.