(1) Every person seeking permission referred to in Applisection 5, shall make an application in writing to the nation for Authority in such form and containing such particulars as oioPer may be prescribed.
(2) On receipt of such application the Authority, after making such enquiry as it considers necessary, shall, by order in writing, either grant the permission or refuse it, recording in the case of refusal the reasons therefor.
(3) Any person aggrieved by an order of the Authority under sub-section (2) refusing permission may, within thirty days from the date of the communication of such order to him, prefer an appeal to the State Government.
(4) No appeal shall lie against the order of the State Government.
7. Where any building is being or has been erected in Power to contravention of the provisions of section 5, the Authority demolish may, after giving the owner of such building an opportunity building' of being heard, make an order directing the demolition of the building by the owner within such period as may be specified in the order and, in default, the Authority may itself effect the demolition and the cost thereof shall be recoverable by the Authority from the owner of the building as a public demand.
8. Where any building has been wholly or partially Power to erected before this Act comes into force, which is not in "mash conformity with the directions given by a notification under Inildintedg section 4 after this Act comes into force, the State Govern- before the ment may make an order directing that such building shall Act.
if possible be altered so as to conform to such directions or demolished by the owner thereof within such time as may be specified in the order, and on the failure of the owner Durgapur (Development 4nd Co,UroE of Building Operations) Act, 1958.. a,. - t Mast But Art (Sections 9, 10.)
to comply with the order, the State Government may cause the building to be demolished and the expenses thereof shall be recoverable from the owner as a public demand:
Provided that no such order shall be made unless the owner has been given a. reasonable opportunity of being heard:
Provided further that when an order of demolition of any building is made under this section, there shall be paid to the owner of the building such compensation for the value of the building less the probable price of the materials removed by the owner as the State Government may determine by order made in this behalf.
Power to 9. (1) The State Government may, by order made in ley down this behalf, empower the Authority or any other person or gasffifites officer to lay down, place, maintain, alter, remove or repair and payment any pipes, pipe-lines, supply-lines, posts or other appliances of compen- or apparatus for the maintenance of supplies and services cation for essential to the life of the community, including supplies of damagegas, water and electricity, in, on, under, over, along or across any land within Durgapur and also, in continuation of any pipes, pipe-lines, supply-lines, posts or other appliances or apparatus laid down, placed or maintained within Durgapur, in, on, under, over, along or across any other land in West Bengal.
(2) The Authority or such person or officer, as the case may be, may at any time enter upon such land for the purposes specified in sub-section (1).
(3) While exercising any power conferred upon the Authority or any other person or officer under sub-section (1), the Authority or such person or officer, as the case may'be, shall cause as little damage as possible to property, and full compensation to all persons interested for any damage sustained by them in consequence of the exercise of such power as aforesaid shall be paid—
(i) in the case of exercise of those powers by the Authority or any person or officer under the employment of the Authority,—by the Authority, and
(ii) in the case of exercise of those powers by any person or officer not under the employment of the Authority,—by the State Government.
Reference 10. (1) If any dispute arises as to the amount of the to pastries compensation payable under the second proviso to section 8 Judge.
or under sub-section (3) of section 9, or as to the person entitled to receive the same, or as to the apportionment of The Avg (Development Ciintroko 6 Ofteiations) AS, 1958.
XXVII Of 1918.]
(Sections 11-13.)
such compensation among different claimants, the dispute shall be referred by the State Government or the Authority, as the case may be, to the District Judge having jurisdiction over the area in which the building or the land is situated and shall be decided by him.
(2) There shall be no appeal against the decision of the District Judge.