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Section 5 B – The Public Premises (Eviction of Unauthorised Occupants) Act,1971

The Public Premises(Eviction of Unauthorised Occupants) Act,1971

Section 5 B. Order of demolition of unauthorised constructions.-

(1) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed on any public premises by any person in occupation of such public premises under an authority (whether by way of grant or any other mode of transfer), and such erection of building or execution of work is in contravention of, or not authorised by, such authority, then, the estate officer may, in addition to any other action that may be taken under this Act or in accordance with the terms of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order. 1[* * *].

Provided that no order under this subsection shall be made unless the person concerned has been given by means of notice 2[of not less than seven days] served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made.

(2) Where the erection or work has not been completed, the estate officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to subsection (1) or at any other time, direct the person at whose instance the erection or work has been commenced, or is being carried on, to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under Section 9.

(3) The estate officer shall cause every order made under subsection (1), or as the case may be, under subsection (2) to be affixed on the outer door, or some other conspicuous part, of the public premises.

(4) Where no appeal has been preferred against the order of demolition made by the estate officer under subsection (1) or where all order of demolition made by the estate officer under that subsection has been confirmed on appeal, whether with or without variation, 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 officer on appeal, and, on the failure of the person to comply with the order within such period, the estate officer or any other officer duly authorised by the estate officer in this behalf, may cause the erection or work to which the order relates to be demolished.

(5) Where an erection or work has been demolished, the estate officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of instalments, as may be specified in the order.]

——————–

1. Certain words omitted by Act 35 of 1984, Sec. 3 (w.e.f. 13th November,1984).

2. Inserted by Sec. 3 ibid, (w.e.f. 13th November,1984).

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The Public Premises (Eviction of Unauthorised Occupants) Act,1971

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