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30. Order of demolition of building. 3[(1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, (i) in relation to a development area, any officer of the Authority empowered by it in this behalf, (ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order, directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person) as may be specified in the order and on his failure to comply with the order, the officer of the Authority or, as the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue: Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made. (1A) If any development in an area other than a development area has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within the time that may be specified in this behalf by the4[Lieutenant Governor] of the 5[National capital territory of Delhi], the 4[Lieutenant Governor] may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to remove 1. S ubs. by Act 38 of 1984, s. 3, for certain words (w.e.f. 12-3-1985). 2. Ins. by Act 56 of 1963, s. 13 (w.e.f. 30-12-1963). 3. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 30-12-1963). 4. Subs. by Act 36 of 1996, s. 2, for "Administrator" (w.e.f. 21-12-1996). 5. Subs. by s. 2, ibid., for "Union territory of Delhi" (w.e.f. 21-12-1996). or cause to be removed such development and that officer shall be bound to carry out such direction and any expenses of such removal may be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue.] 2[(2A) Any person aggrieved by the direction of the 3[Lieutenant Governor] under sub-section (1A) may appeal to the Central Government within thirty days from the date thereof, and the Central Government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction.] 4[(3) The decision of 5[the Central Government on the appeal and subject only to such decision], the direction under sub-section (1A), shall be final and shall not be questioned in any court. (4) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force.]    |
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