Section 332 providing for previous sanction of the Commissioner for erection or to erect any building or to execute any work specified in Section 343 ... sanction so granted. An appeal has been provided under Sub-section (2) of Section 343 of the Act against the order of demolition. A further
Section 344 .
(42) An order of stoppage under Section 344 and an order of sealing under Section 345A are both appealable under Section 347B ... spite of the bar prescribed under sub- section (4) and (5) of Section 343 and Section 347-E of the Corporation Act over the power
works specified in Section 234 except with the previous sanction of the Commissioner". Section 343(1) empowers the Commissioner to issue order of demolition ... under Section 343 . An appeal has been provided under Sub-section (2) of Section 343 of the Act against the order of demolition. A further
that Section or the provisions of Section 340 . It is, however, unnecessary for the present purpose to refer to those provisions. Section 343 empowers ... from 2nd of June, 1984. Till then, sub-section (2) and sub-section (3) of Section 343 provided for appeal to the Court
section
4 of Section 344 confers an additional power upon the Commissioner, in
the event, the direction as specified in Section 343 or Sub-section ... provisions of Section 345A of the DMC Act may be consisdered. The said
provision refers to Sections 343 and 344 of the Act. An action
under this Act.
(2) The provisions of sub-sections (2) and (3) of section 347B
and section 347C and the rules made thereunder, shall ... grant permission under sub-section (2)
of Section 346 ;
(o) an order granting or refusing permission under Section 347 ;
(p) any such other order
This was a notice which rolled into itself the provisions of Section 343(1) and 344(1) of the Act.
(3) By an order dated ... requirements of Section 444(2) . Learned counsel submits that in the present case the notice being one under Section 343 it should have been served
never been served with show cause notice as required under Sections 343(1) and 344(1) of the Act. He has in view ... without the service of the notice under Section 478(1) of the Act. The notices under Sections 343 & 344 of the Act were issued
being heard. Section
345-A empowers the Commissioner to order sealing of any such erection or work before ordering demolition under Section 343 or stoppage ... made.
10. In the first proviso to sub-section (1) of Section 343 for the purpose of service of showcause notice the word 'Person
notice to show cause as provided in proviso to sub-Sec.(1) of Section 343 .
(10) It will be appreciated that sub-Section ... plaintiffs that the order of demolition under sub-Sec.(1) of Section 343 passed by defendant No.1 is a nullity in the eyes
