Amendment status not verified — confirm the current text below against the official source.
(1) Where [he erection of any building or the execution of any Orxkraf work has been commenced, or is being carried on, or has been completed without or contrary lo the sanction referred to in section 396 or in ofbuildings contravention of any of the provisions of this Acl or the rules and the ccnrincase" regulations made thereunder, the Municipal Commissioner may, in and appeal, addition lo any other action that may be taken under this Act, make an order directing lhat such erection or work shall be demolished by the person at whose instance the erection or the work has been commenced or is being carried on or has been completed within such period, not being less than five days and more lhan fifteen days from the dale on which a copy of the order of demolition wiih a brief statement of the reasons therefor has been delivered io such person, as may be specified in the order: . Provided that no order of demolition shall be made unless such person has been given, by means of a nolice served in such manner as the Municipal Commissioner may think Fit, a reasonable opportunity of showing cause why such order shall not be made: Provided further that where the ereclion or lhe execution has not been completed, the Municipal Commissioner may by ihe same order or by a separate order, whether made al the lime of the issue of the notice under the first proviso or al any o[her lime, direct such person to stop the ereclion or lhe execution until the expiry of lhe period wiihin which an appeal against the order of demolition, if made, may be preferred under sub-section (3). Explanation.—In this Chapter, "Lhe person at whose instance" shall mean the owner, occupier or any other person who causes the erection of any building or execution of any work to be done, including alterations or additions if any, or does il by himself. (2) The Municipal Commissioner may make an order under sub- seciion (1), notwithstanding lhe fact thai the assessment of such building has been made for lhe levy of the '[property Lax] on lands and buildings. ' (3) Any person aggrieved by an order of lhe Municipal Commissioner made under sub-section (1) may, within thirty days from the date of lhe order, prefer an appeal against the order to the Municipal Building Tribunal appointed under section 415. (4) Where an appeal is preferred under sub-section (3) against an order made under sub-seclion (1), the Municipal Building Tribunal may slay lhe enforcement of ihe order on such terms, if any, and for such period, as il may think fit: fnol-nftlp 7 rm fitW ant? 780 The Kolkaia Municipal Corporation Act, 1980. [West Ben. Act Order of stoppage of buildings or works in ' certain cases. (Part VI.—Town Planning, Land and Land Use Controls.— Chapter XXII.—Buildings.—A. Procedure.—Section 40J.) Provided thai where the erection of any building or the execution of any work has not been completed ai the lime of Lhe order made under sub-section (1), no order staying the enforcement of the order made under lhal sub-section shall be made by Ihe Municipal Building Tribunal unless a surely, sufficienL in the opinion of ihc said Tribunal, has been given by lhe appellant for noL proceeding with such erection or work pending the disposal of the appeal. ' (5) Save as provided in lhis section, no Court shall entertain any suit, application or other proceeding for injunction or other relief against the Municipal Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this seclion. (6) Every order made by [he Municipal Building Tribunal on appeal and, subject (osuch order, the order made by lhe Municipal Commissioner under sub- section (1) shall be final and conclusive. (7) Where no appeal has been preferred againsi an order made by the Municipal Commissioner under sub-section (1) or where an order under that sub- section has been confirmed on appeal, whether with or without modification, lhe person against whom the order has been made shall comply wilh the order wilhin the period specified therein, or as the case may be, within the period, if any, fixed by the Municipal Building Tribunal on appeal, and on the failure of such person lo comply wilh the order wilhin such period, lhe Municipal Commissioner may himself cause the building.or lhe work io which Lhe order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Acl, (8) Notwithstanding anything contained in this Chapier, if the Mayor- in- Council is of the opinion lhal immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may, For reasons io be recorded in wriLing, cause such building or work io be demolished forthwith.