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Section 7: Order of demolition of buildings.

The Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 2011 (1954 A.d.)Union territory Act of Jammu and Kashmir · Act 38 of 2011

[7. Order of demolition of buildings. ––(1) Where, on and after the day on which the scheme shall have effect,––

(a) the construction re-construction or alteration of, or addition to, any building has been commenced or is being carried on or has been completed in contravention of the scheme ; or

(b) the erection of any building or work has been commenced or carried on without the permission referred to in section 5 or in contravention of any condition subject to which such permission has been granted ;

the prescribed authority may, in addition to any prosecution, that may be instituted under this Act, make an order direction that such construction, reconstruction, alteration, addition or erection shall be demolished by the owner thereof within such period not exceeding thirty days, as may be specified in the order and on failure of the owner to comply with the order, the prescribed authority may cause the construction, re-construction, alteration, addition or erection, as the case may be, to be demolished and the expenses of such demolition shall be recovered from the owner, as arrears of land revenue :

Provided that no such order shall be made unless the owner has been given reasonable opportunity to show cause why the order should not be made.

(2) Any person aggrieved by an order under sub-section (1) may appeal to the Minister-in-Charge, Rehabilitation Department, against that order within thirty days from the date thereof ; and such Minister may, after hearing the parties to the appeal, either allow or dismiss the appeal or may reverse or vary any part of the order.

(3) The decision of the Minister-in-Charge, Rehabilitation Department, on the appeal and subject to only such decision, the order under sub-section (1) shall be final and shall not be questioned in any Court.

Where this provision sits

ActThe Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 2011 (1954 A.d.)
Section7
Marginal noteOrder of demolition of buildings.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act XI of 1968. Sections 7 and 7-A substituted by Act XI of 1968 for section 7

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