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Section 88

The Haryana Town Improvement Act, 2008 (36 of 2008)State Act of Haryana · Act 36 of 2008

(1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take such action, the owner may apply to the competent court.

(2) The court upon proof of such refusal may, by order in writing, require the occupier to give the owner reasonable facility for executing such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if it deems fit, order the occupier to pay to the owner the costs relating to such application or order.

(3) If, after the expiration of eight days from the date of court's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable upon conviction, to a fine which may extend to one hundred rupees for every day during which he has so continued to refuse.

(4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in the execution of such work.

89. When the occupier of a building or land has, in compliance with a notice issued under this Act, executed a work for which the owner of such building or land is responsible either in pursuance of the contract of tenancy or by law, he shall, in the absence of any contract to the contrary, be entitled to recover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.

90. The expenses incurred by the trust in effecting any removal under section 182 of the Municipal Act, or, in the event of a written notice under section 140 of that Act not being complied with under section 85 of this Act, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials as arrears of land revenue.

Where this provision sits

ActThe Haryana Town Improvement Act, 2008 (36 of 2008)
Section88
JurisdictionState of Haryana
StatusIn force as published by the source

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