AMC Act 199Chapter VII · Chapter XIII

Section 199 · Order of demolition or stoppage of buildings and works

(1)

Where the erection of any building or the execution of any work in pursuance thereof has been commenced, or is being carried on, or has been completed without or contrary to the sanction or in contravention of any of the provisions of this Act or the rules and the regulations made thereunder, the Chief 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 stopped or demolished or such addition or alteration thereto as the Chief Executive Officer considers necessary be made by the person at whose instance the erection or the work has been commenced, or is being carried on, or has been completed.

(2)

The Chief Executive Officer may make an order under sub-section (1), notwithstanding the fact that the assessment of such building has been made for the levy of the [property tax] [Words substituted by W.B. Act 17 of 1995.] on lands and buildings.

(3)

Any person aggrieved by an order of the Chief Executive Officer made 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 this Chapter.

(4)

No court shall have jurisdiction in any matter for which Provision is made under this Chapter for appeal to the Municipal Building Tribunal.

(5)

If a person fails to comply with a conclusive order of the Chief Executive Officer or the Tribunal, as the case may be, under this section, the Chief Executive Officer may himself cause the order to be carried out and recover the expenses thereof from such person as an arrear of tax under this Act.

(6)

Notwithstanding anything contained in this Chapter, if the Mayor-in-Council is of the opinion that immediate action is called for in relation to a building or any work being carried on in contravention of the provisions of this Chapter, it may, for reasons to be recorded in writing, cause such building or work to be demolished forthwith.

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