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Section 351: Appeal

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

1. Any person aggrieved by an order of the Chief Officer of the Municipality made under sub-section (1) of section 350, may prefer an appeal against the order of demolition to the Court of the Principal Judge of the District having jurisdiction within the period specified in the order of demolition of the erection or work to which it relates.

2. Where an appeal is preferred under sub-section (1) against the order of demolition, the court of the Principal Judge may stay the enforcement of the order on such terms, if any, and for period as it may think fit

Provided that where the erection of any building or the execution of any work has not been completed at the time of making of the order of demolition, no order staying the enforcement of the order of demolition, shall be made by the Court of the Principal Judge unless a surety, sufficient in the opinion of the Court, has been given by the appellant for 412 not proceeding with such erection or work pending the disposal of the appeal.

3. Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief officer to restrain him from taking any action or making any order in pursuance of the provisions ofthis section.

4. Every order made by the court of the Principal Judge on appeal and, subject to such order, the order of demolition made by the Chief Officer under sub-section (1) of section 350 shall be final and conclusive.

5. Where no appeal has been preferred against an order made by the Chief Officer under sub-section (1) of Section 350 or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom the order has been made, shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by the Court of the Principal Judge on appeal, and on the failure of such person to comply with the order within such period, the Chief Officer may himself cause the building or the work to which the order relates to be demolished and the expenses to such demolition shall be recoverable form such person as an arrears to tax under this Act.

Where this provision sits

ActThe Nagaland Municipal Act,2001
Section351
Marginal noteAppeal
JurisdictionState of Nagaland
StatusIn force as published by the source

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