Amendment status not verified — confirm the current text below against the official source.
may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than seven days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition : Provided that no order of demolition shall be made unless the person has been given, by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order should not be made : Provided further that where the erection or work has not been completed, the Commissioner may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section (2). (2) Any person aggrieved by an order of the Commissioner made under sub-section (1) may prefer an appeal against the order to District Judge of the municipal area within the period specified in the order for the demolition of the erection or work to which it relates. (3) Where an appeal is preferred under sub-section (2) against an order of demolition, the District session Judge may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the District Judge, unless reasonable opportunity of being heard is afforded to the Commissioner and security sufficient in the opinion of the District Judge, has been furnished given by the appellant for not proceeding with such erection or work pending the disposal of the appeal. (4) Save as provided in this section no court shall entertain any suit, application or other proceedings for injunction or other relief against the Commissioner or restrain him from taking any action or making any order in pursuance of the provisions of this section. (5) Every order made by the District Judge on appeal and subject only to such order, the order of demolition made by the Commissioner shall be final and conclusive. (6) Where no appeal has been preferred against an order of demolition made by the Commissioner under sub-section (1) or where an order of demolition made by the Commissioner under that sub-section has been confirmed on 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 District Judge on appeal, and on the failure of the person to comply with the order within such period, the Commissioner may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act. Order of stoppage of building or works in certain cases: (1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 274 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith. (2) If an order made by the Commissioner under section 267 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a Corporation officer or other Corporation employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. 70 The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 (4) Where a police officer or a Corporation officer or other Corporation employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act. (5) Where the owner of the building submits the revised plan, after the work has been stopped by him or the work is completed by him and there are deviations from the sanctioned plan, the Commissioner may, subject to the special or general directions of the State Government under section 270, compound the cases of deviations upto 10 % from the sanctioned plan: Provided that where the revised plan involves erection of building- (i) on any Government land or the land vested in a municipality or a local authority; or (ii) by covering any public road, street, path or drain; or (iii) the Commissioner shall not compound deviations from the sanctioned plan. (6) Any person aggrieved by the decision of the Commissioner under sub-section (5), may, within thirty days from the passing of the order by the Commissioner and in such manner as may be prescribed, appeal to the Divisional Commissioner. (7) Any person aggrieved by the decision of the Divisional Commissioner in appeal under sub-section (6), may, within thirty days from the order made by the Divisional Commissioner and in such manner as may be prescribed, appeal to the State Government. (8) The appellate authority may, for reasons to be recorded in writing, allow the appeals to be filed after the expiry of the period of thirty days specified in sub-sections (6) and (7) and for calculating the period of thirty days under the said sub-sections, the time spent in procuring the certified copies of the orders to be appealed against shall be excluded. (9) Notwithstanding anything contained in sub-sections (5), (6) and (7), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans. (10) Notwithstanding anything to the contrary contained in this Act, the Commissioner, shall, within three months after affording an opportunity of being heard, deny or withdraw the no objection certificate issued for installation of electricity connection, the civic amenities including water and sewerage connection, if the owner, or the occupier of the building carry out unauthorized construction without sanction or make deviations from the sanctioned plan, erection of a building on any Government land or land vested in the Corporation, or by covering any public road, street, path or drain or obtain sanction on misrepresentation or by concealing material facts at the time of making the application for sanction of building plan and shall dispose of the proceedings within six months.