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Section 350: Order of demolition of buildings of works in certain cases

The Nagaland Municipal Act,2001State Act of Nagaland · Act 10 of 2001

Where the erection of any building or or the execution of any work has been commenced, or is being carried on, or has been completed,- a. without or contrary to the sanction referred to in section 404; or b. in contravention of any condition subject to which such sanction has been accorded; or C. in contravention of any provisions of this Act or the rules or the regulations made thereunder,the Chief Officer of the Municipality may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instances the erection or the 411 work has been commenced or is being carried on or has been completed within such period no being less than five days and more than fifteen days; as may be specified in the order from the date on which a copy of the order or demolition with a brief statement of the reasons therefore, has been delivered to such person:

Provided that no order of demolition shall be made, unless such person has bee given, by means of a notice served in such manner, as may be prescribed, a reasonable opportunity of showing cause why such order shall not be made:

Provided further that where the erection or the execution has not been completed, the Chief Officer, may, by the same order or by a separate order whether may at that time of the issue of the notice under the first Proviso or at any other time, direct such person to stop the erection or the execution until the expiry of the period within which and appeal against the order of demolition, if made may be preferred under section 351.

Explanation- In this chapter "the 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 it by himself.

2. The Chief Officer may make an order under sub-section (1) notwithstanding the fact that the assessment of such building has been made for the levy of the tax on lands and building.

Where this provision sits

ActThe Nagaland Municipal Act,2001
Section350
Marginal noteOrder of demolition of buildings of works in certain cases
JurisdictionState of Nagaland
StatusIn force as published by the source

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