NDMC Act 276Chapter XV · Removal of congested buildings and buildings unfit for human habitation
Section 276 · Removal of congested buildings
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(1) Where it appears to the Chairperson that any block of
buildings is in an unhealthy condition by reasons of the manner in which the buildings are crowded
together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper
drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he
shall cause the block to be inspected to by the officer authorised by him and such officer shall make a
report in writing the Chairperson regarding the sanitary condition of the block.
(2) If upon receipt of such report the Chairperson considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Council select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such building remove them within such period as may be specified in the notice:
Provided that before issuing the notice reasonable opportunity shall be afforded to the owners to show cause why the buildings should not be removed:
Provided further that the Chairperson shall make compensation to the owners for any buildings so removed which may have been erected under proper authority.
(3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Chairperson may himself remove or cause to be removed the building required to be removed by the notice and recover from owner of the building the expenses of such removal as an arrear of tax under this Act.
(2) If upon receipt of such report the Chairperson considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Council select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such building remove them within such period as may be specified in the notice:
Provided that before issuing the notice reasonable opportunity shall be afforded to the owners to show cause why the buildings should not be removed:
Provided further that the Chairperson shall make compensation to the owners for any buildings so removed which may have been erected under proper authority.
(3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Chairperson may himself remove or cause to be removed the building required to be removed by the notice and recover from owner of the building the expenses of such removal as an arrear of tax under this Act.
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