Section 350

Section 350 of the Arunachal Pradesh Municipal Act, 2Oo7 (Act No.4 of 2008). Where the erection of any building or the execution of any work has been commenced or is being carried on or has been completed without or contrary to the sanction referred to in section 344 or in contravention of any of the provisions of this Act or the rules or the regulations made thereunder, the

(1) Where the erection of any building or the execution of any work has been commenced or is being carried on or has been completed without or contrary to the sanction referred to in section 344 or in contravention of any of the provisions of this Act or the rules or the regulations made thereunder, the Chief Municipal Executive Officer/ Municipal Executive Officer 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 instance the erection or the work has been commenced or is being carried on or has been completed within such period not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons there for has been delivered to such person, as may be specified in the order :

Provided that no order of demolition shall be made unless such person has been given by means of a notice served in such manner as the Chief Municipal Executive Officer Municipal Executive Officer may think fit an opportunity of showing cause why such order shall not be made :

Provided further that where the erection of any building or the execution of any work has not been completed, the Chief Municipal Executive Officer/ Municipal Executive Officer may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or any time, direct such person to stop the erection of such building or the execution of such work until the expiry of the period within which an appeal against the order of demolition, if made may be preferred under sub-section (3).

Explanation :- In this chapter, " the person at whose instance" shall mean the owner or the occupier or any other person who causes the erection of any building or the execution of any work including alterations or additions of any to be some or does it by himself.

(2) The Chief Municipal Executive Officer/ Municipal Executive Officer may make an order under subsection (1) notwithstanding the fact that the assessment of such building has been made for the levy of the properly tax on lands and buildings.

(3) Any persons aggrieved by an order of the Chief Municipal Executive Officer Municipal Executive Officer under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under section 356.

(4) Where as appeal is prepared under sub-section (3) against an order under Period for completion of building or work. Order of demolition and stoppage of buildings or work in certain cases and appeal. sub-section (1) the Municipal Building Tribunal may stay the enforcement of the order on such terms, if any and for such periods 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 the order under that subsection (1), no order staying the enforcement of the order under that sub-section shall be made by the Municipal Building Tribunal unless a surety sufficient in the opinion of that Tribunal has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.

(5) Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/ Municipal Executive Officer to restrain him from taking any action, or making any order in pursuance of the provisions of this section.

(6) Every order made by the Municipal Building Tribunal on appeal and subject to such order every order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) shall be final and conclusive.

(7) Where no appeal has been preferred against an order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) or where an order under that subsection 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 if any fixed by the Municipal Building Tribunal on appeal and on the failure of such person to comply with the order within such period the Chief Municipal Executive Officer/ Municipal Executive Officer may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.

(8) Notwithstanding anything contained in this chapter if the Empowered Standing Committee is of the opinion that immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may for reasons to be recorded in writing cause such building or work to be demolished forthwith.

Section 350, The Arunachal Pradesh Municipal Act, 2Oo7 (Act No.4 of 2008) (Act 4 of 2008).