Public Premises (Eviction of Unauthorised Occupants) Act,1971
Act No : 40
Section :
Order of demolition of unauthorised construction.
5B. Order of demolition of unauthorised construction. (1) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed, on any public premises by any person in occupation of such public premises under an authority (whether by way of grant or any other mode of transfer), and such erection of building or execution of work is in contravention of, or not authorised by, such authority, then, the estate officer may, in addition to any other action that may be taken under this Act or in accordance with the terms of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order 3*** Provided that no order under this sub-section shall be made unless the person concerned has been given, by means of a notice 3*[of not less than seven days] served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made. (2) Where the erection or work has not been completed, the estate officer may, by the same order or by a separate order, whether made at the time of ---------------------------------------------------------------------- 1. Ins. by Act 61 of 1980, s. 6. 2. Subs. by Act 35 of 1984, s. 2 (w.e.f. 13-11-1984). 3. Omitted and ins. by s. 3, ibid. (w.e.f. 13-11-1984). 78 the issue of the notice under the proviso to sub-section (1) or at any other time, direct the person at whose instance the erection or work has been commenced, or is being carried on, to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under section 9. (3) The estate officer shall cause every order made under sub- section (1), or, as the case may be, under sub-section (2), to be affixed on the outer door, or some other conspicuous part, of the public premises. (4) Where no appeal has been preferred against the order of demolition made by the estate officer under sub-section (1) or where an order of demolition made by the estate officer under that sub- section has been confirmed on appeal, whether with or without variation, 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 appellate officer on appeal, and, on the failure of the person to comply with the order within such period, the estate officer or any other officer duly authorised by the estate officer in this behalf, may cause the erection or work to which the order relates to be demolished. (5) Where an erection or work has been demolished, the estate officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of instalments, as may be specified in the order.] Power to seal unauthorised constructions. 1*[5C. Power to seal unauthorised constructions. (1) It shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5B, to make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been commenced or is being carried on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work. (2) Where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed. (3) No person shall remove such seal except-- (a) under an order made by the estate officer under sub- section (2); or (b) under an order of the appellate officer made in an appeal under this Act.]
Read All Comments
