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343. Order of stoppage of buildings or works in certain cases. (1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 336 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith. (2) 6[If an order made by the Commissioner under section 343 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with,] the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises 7[or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work] within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. 7[(2A) Any of the things caused to be seized by the Commissioner under subsection (2) shall be disposed of by him in the manner specified in section 326.] (3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. 1. Subs. by Act 42 of 1984, s. 3, for "the court of the district judge unless security, sufficient in the opinion of the court" (w.e.f. 10-2-1986). 2. Subs. by s. 3, ibid., for "Save as provided in this section, no court" (w.e.f. 10-2-1986). 3. Subs. by s. 3, ibid., for certain words (w.e.f. 10-2-1986). 4. Subs. by s. 3, ibid., for "has been confirmed on appeal, whether with or without variation" (w.e.f. 10-2- 1986). 5. Subs. by s. 3, ibid., for "the court of the district judge" (w.e.f. 10-2-1986). 6. Subs. by Act 42 of 1961, s. 17, for "If such order is not complied with forthwith" (w.e.f. 12-9-1961). 7. Ins. by Act 42 of 1984, s. 4 (w.e.f. 10-2-1986). (4) Where a police officer or a municipal officer or other municipal employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act.    |
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