Inforcement of notice requiring execution of works of improvement

§5

Summary

5. (1) If a notice under section 4 is not complied with, the Competent Authority may, after the expiration of the time fixed therein or extended by it from time to time, by itself do, or through such agency as may be authorized by it in this behalf cause to be done, all or any of the things required to be done by the notice. (2) All expenses incurred by the Competent Authority under this section, together with interest, at such rate as may be prescribed, from the date of demand till the date of payment shall be a first charge on the building or the land, as the case may be, and may be recovered by the Competent Authority from the owner of the building or of the land, as the case may be is arrears of land revenue in such installments as may be fixed in the prescribed manner ; Provided that the liability of the owner, on his satisfying the Competent Authority that he- (a) is receiving the rent merely as agent or trustee for some other person ; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the Competent Authority, shall be limited to the total amount of the money in his hands as agent or trustee. (3) If the owner of the building is different from the person who owns the land on which the building stands and the expenses incurred by the Competent Authority under this section are recoverable from both these persons, then such expenses shall be recovered from them in such proportion as may be determined by the Competent Authority, having regard to their proportionate value and such other factors as may be prescribed.

5. (1) If a notice under section 4 is not complied with, the Competent Authority may, after the expiration of the time fixed therein or extended by it from time to time, by itself do, or through such agency as may be authorized by it in this behalf cause to be done, all or any of the things required to be done by the notice. (2) All expenses incurred by the Competent Authority under this section, together with interest, at such rate as may be prescribed, from the date of demand till the date of payment shall be a first charge on the building or the land, as the case may be, and may be recovered by the Competent Authority from the owner of the building or of the land, as the case may be is arrears of land revenue in such installments as may be fixed in the prescribed manner ; Provided that the liability of the owner, on his satisfying the Competent Authority that he- (a) is receiving the rent merely as agent or trustee for some other person ; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the Competent Authority, shall be limited to the total amount of the money in his hands as agent or trustee. (3) If the owner of the building is different from the person who owns the land on which the building stands and the expenses incurred by the Competent Authority under this section are recoverable from both these persons, then such expenses shall be recovered from them in such proportion as may be determined by the Competent Authority, having regard to their proportionate value and such other factors as may be prescribed.

← Previous Section Next Section →

Explore this Chapter