Section 266

Section 266 of the Assam Municipal Corporation Act, 2022. The Commissioner shall, when sanctioning the erection of a building or the execution of a work, specify a reasonable period within which the building or the work is to be completed, and if the building or the work is not completed within the period so specified, it shall not be continued thereafter

The Commissioner shall, when sanctioning the erection of a building or the execution of a work, specify a reasonable period within which the building or the work is to be completed, and if the building or the work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner herein before provided, unless the Commissioner, on an application made in this behalf, allows an extension of such period. Order of 267. demolition and stoppage of buildings or works in certain cases and appeal.

(1) Where the erection of any building or the execution of any work has been commenced, or is being carried on in contravention of any of the provisions of this Act or the rules or the regulations made thereunder, then Commissioner 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 therefor 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 Commissioner 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 Commissioner 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 at any other 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 (5) of this section.

(2) Power to seal unauthorised erection :- It shall be lawful for the Commissioner, at any time, before or after making an order of demolition under this section or the stoppage of erection of any building or execution of any work under this section, to make an order directing the sealing of such erection or work which is being carried on or has been completed in the manner provided in the Act, 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 of work.

(3) Where any erection or work has been sealed, the Commissioner may, for the purpose of demolishing or discontinuing such erection or work, order the seal to be removed.

(4) The Commissioner may make an order under sub-section (1) above, notwithstanding the fact that the assessment of such building has been made for the levy of the property tax on lands and buildings.

(5) Any person aggrieved by an order of the Commissioner under sub-section (1) above may, within thirty days from the date of the order, prefer an appeal against the order to the Appellate Authority.

(6) Where an appeal is preferred under sub-section (5) against an order under sub-section (1) above, the Appellate Authority may stay the enforcement of the order on such terms, if any, and for a maximum period not more than sixty days.

(7) Save as provided in this section, no Court shall entertain any suit, application or other proceeding for injunction or other relief against the Commissioner to restrain him from taking any action, or making any order, in pursuance of the provisions of this section.

(8) Every order made by the Appellate Authority on appeal and, subject to such order, every order made by the Commissioner under sub-section (1) above, shall be final and conclusive.

(9) Where no appeal has been preferred against an order made by the Commissioner under sub-section (1) above 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 Appellate Authority on appeal, and, on the failure of such person to comply with the order within such period, the Commissioner 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.

(10) 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. Č Order of stoppage of building or work in certain cases.

Section 266, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).