( 1) If it appears to the Building Officer that any land/ building intended or used for human habitation or human occupation for any purpose whatsoever is unfit for sue~ habitation or occupation, he shall give notice in writing to the occupier or to the ·owner, if the building is not occupied, stating that the building is unfit and signifying his intention to prohibit the further use of such building for such purposes, and calling upon the occupier or owner to state in writing his objections to such prohibition within thirty days from the receipt of the notice. If no objection is stated by such occupier or owner within the said period, or if the objection stated appears to the Building Officer to be insufficient or not well founded, he may, with the previous approval of the CEO of the ·Agency prohibit by .an order in writing the further use of such _building for human habitation or occupation and shall affix a notice to that effect on a conspicuous part of such building.
(2) Notice of such prohibition shall be served upon the owner of any land / building affected thereby and also upon every occupier or user thereof, specifying a period, not being less than ten days from the date of service of such notice, within which every such person shall remove himself and his removable property from the said land/ building; and if within the .period so spe~ified any such person fails to remove himself and his property as aforesaid, the Building Officer and in accordance may cause him and his property to be removed and may recover from him the cost of such removal.
(3) When a land/ building has -been vacated by removal under sub:.
section (2), the Building Officer shall affix a notice to the land/ building in the manner prescribed by decided by the Chief Executive Officer. of the Agency and no person except with the permission in writing of the Building Officer and in accordance with the terms and conditions of such permission, shall without sufficient cause enter into or remain in such land/ building.
( 4) Wherever the Building Officer is of opinion that any land/ building intended or used for human habitation is unfit for such habitation or occupation and the Building Officer considers that it can be rendered fit for human habitation or occupation by structural l=f~ ~. ~ 14 .:rRf 2016 222 (205) alternations or repairs, he may by a notice in writing call upon the owner to execute within a period of three months from the date of receipt of such notice, such structural alternations or repairs as he deems necessary, and if at the expiry of the aforesaid period such alternations or repairs have not been executed to his satisfaction, he shall with provision approved issue to the owner a notice in writing • ordering the demolition of such building within a period of thirty days from the rec_eipt of the notice or such longer period as t~e Building Officer may specify.
(5) Whenever the Building Officer is of the opinion that the land/ building cannot be rendered fit for human habitation or occupation, he may, with the previous approval of the CEO of the Agency, by a notice in writing call upon the owner to demolish it with a period of .
thirty days from the receipt of such notice or such longer period as the Building Officer may specify. • ( 6) If at the expiry of the said period an order to demolish a building given under sub-section(4) or sub-section (5) has not been complied with, the Building Officer may with the previous approval of the CEO of the Agency, direct, by an order in writing, the demolition thereof by any officer, servant or contractor. The materials of the building so demolished shall thereupon be sold by public auction and the proceeds of the sale shall be made over to the owner after deducting the cost of demolition and sale. If the amount realized is not sufficient to cover the cost of the demolition and sale, the balance, if any shall be recovered from the owner:
Provided that before such an ~rder is given the owner of the land/ building shall be given an opportunity of appearing before the CEO of the Agency in person or by agent, and of showing cause why such order should not be given.
(7) any person aggrieved by the decision of the Building Officer under sub-sections ( 4 ), ( 5) or ( 6) may within a period of one month, appeal to the Appellate Authority.
(8) If any Ian.di building· in respect of which an order under this section · has been given is held under a lease, the lease shall be avoidable at the option of the lessee with effect from the date on which the lessee has to remove himself and his property·.