Power of the 1Municipal Commissioner to vacate any building in certain circumstances

§334

Summary

(1) Notwithstanding the provisions of any other law to the contrary, the 1Municipal Commissioner may, by notice in writing specifying the grounds therefor, order any building or any portion thereof to be vacated forthwith or within such time as may be specified in the notice—\br@s (a) if such building or portion thereof has been unlawfully occupied in contravention of section 329;\br@s (b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing, and the works specified in such notice have not been commenced or completed;\br@s (c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 331.\br@s (2) The affixing of such written notice on any part of such premises shall be deemed a sufficient intimation to the occupiers of such building or portion thereof.\br@s (3) On the issue of a notice under sub-section (1) every person in occupation of the building or portion thereof to which the notice relates shall vacate such building or portion as directed in the notice and no person shall so long as the notice is not withdrawn enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out.\br@s (4) The 1Municipal Commissioner may direct that any person who acts in contravention of sub-section (3) shall be removed from such building or part thereof by any police officer.\br@s (5) The 1Municipal Commissioner shall, on the application of nay person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition.\br@s (6) The 1Municipal Commissioner may direct the removal from the said premises by any police officer of any person who obstructs him in any action taken under sub-section (5) and may also use such force as is reasonably necessary to affect entry in the said premises.\br@s

(1) Notwithstanding the provisions of any other law to the contrary, the 1Municipal Commissioner may, by notice in writing specifying the grounds therefor, order any building or any portion thereof to be vacated forthwith or within such time as may be specified in the notice—\br@s (a) if such building or portion thereof has been unlawfully occupied in contravention of section 329;\br@s (b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing, and the works specified in such notice have not been commenced or completed;\br@s (c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 331.\br@s (2) The affixing of such written notice on any part of such premises shall be deemed a sufficient intimation to the occupiers of such building or portion thereof.\br@s (3) On the issue of a notice under sub-section (1) every person in occupation of the building or portion thereof to which the notice relates shall vacate such building or portion as directed in the notice and no person shall so long as the notice is not withdrawn enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out.\br@s (4) The 1Municipal Commissioner may direct that any person who acts in contravention of sub-section (3) shall be removed from such building or part thereof by any police officer.\br@s (5) The 1Municipal Commissioner shall, on the application of nay person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition.\br@s (6) The 1Municipal Commissioner may direct the removal from the said premises by any police officer of any person who obstructs him in any action taken under sub-section (5) and may also use such force as is reasonably necessary to affect entry in the said premises.\br@s

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