Amendment status not verified — confirm the current text below against the official source.
the Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas]. If the erection of any building or the execution of any such work as is described in section 342, is commenced contrary to the provisions of 12[section 342 or 347] the 13[Designated Officer], unless he deems it necessary to take proceedings in respect of such building or work under section 354, shall— (a) by written notice, require the person who is erecting such building or executing such work, or has erected such building or executed such work, 14[or who is the owner for the time being of 1 Section 349E was inserted by Bom.7 of 1950, s. 30. 2 These words were added by Bom. 58 of 1956, s. 23(3). 3 These words were inserted by Bom. 58 of 1956, s. 23(1). 4 These words, brackets and figures were inserted by Bom. 58 of 1956, s. 23(2)(i). 5 See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). 6 These words, brackets and figures were inserted by Bom. 58 of 1956, s. 23(2)(ii). 7 These words were inserted by Bom. 58 of 1956, s. 23(2)(iii). 8 These words were added by Bom. 58 of 1956, s. 23(3). 9 See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). 10 This sub-section was inserted by Mah. 2 of 2012, s. 3(1). 11 The existing sub-section (1) was renumbered as sub-section (1A) by Mah. 2 of 2012, s. 3(1). 12 These words and figures were substituted for the words and figures “section 347” by Mah. 10 of 1998, s. 143(a). 13 For the word “Commissioner” the words “Designated Officer” was substituted by Mah. 2 of 2012, s. 3(2). 14 These words were inserted by Bom. 64 of 1953, s. 14. 1888 : III] The Mumbai Municipal Corporation Act 271 such building or work] 1[within seven days from the date of service of] such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the 2[Designated Officer] to show sufficient cause why such building or work shall not be removed, altered, or pulled down; or (b) shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally, or by an agent duly authorized by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down. 3[Explanation.— “To show sufficient cause” in this sub-section shall mean to prove that the work mentioned in the said notice is carried out in accordance with the provisions of sections 337 or 342 and section 347 of the Act.] (2) If such person shall fail to show sufficient cause, to the satisfaction of the Commissioner, why such building or work shall not be removed, altered or pulled down, the 4[Designated Officer] 5[* * *] may remove, alter or pull down the building or work and the expenses thereof shall be paid by the said person. 6[In case of removal or pulling down of the building or the work by the Commissioner, the debries of such building or work together with other building material, if any, at the sight of the construction, belonging to such person, shall be seized and disposed of in the prescribed manner and after deducting from the receipts of such sale or disposal, the expenditure incurred for removal and sale of such debris and material, the surplus of the receipts shall be returned by the 7[Designated Officer], to the person concerned.] 8[(3) No Court shall stay the proceeding of any public notice including notice for eviction, demolition or removal from any land or property belonging to the State Government or the Corporation or any other local authority or any land which is required for any public project or civil amenities, without first giving the Commissioner reasonable opportunity of representing in the matter.]