The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 257 Bar of jurisdiction of courts.
(1) After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 247 or section 254 and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of this Act, in respect of any order or notice appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of this Act, in respect of any order or notice appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.
Section 258 Removal of dangerous buildings.
(1) If it appears to the Chairperson at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Chairperson may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom.
(2) The Chairperson may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail wherever practicable to serve as a foot-way for passengers outside of such hoard or fence.
(3) If it appears to the Chairperson that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger.
(4) If the owner or occupier of the building does not comply with the order within the period specified therein, the Chairperson shall take such steps in relation to the building as to prevent all cause of danger therefrom.
(5) All expenses incurred by the Chairperson in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this Act.
(2) The Chairperson may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail wherever practicable to serve as a foot-way for passengers outside of such hoard or fence.
(3) If it appears to the Chairperson that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger.
(4) If the owner or occupier of the building does not comply with the order within the period specified therein, the Chairperson shall take such steps in relation to the building as to prevent all cause of danger therefrom.
(5) All expenses incurred by the Chairperson in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this Act.
Section 259 Power to order building to be vacated in certain circumstances.
(1) The Chairperson may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be vacated forthwith or within such period as may be specified in the order:
Provided that at the time of making such order the Chairperson shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Chairperson may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Chairperson shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, re-instate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.
Provided that at the time of making such order the Chairperson shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Chairperson may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Chairperson shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, re-instate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.
Section 260 Power of the Central Government to make bye-laws.
(1) The Central Government may, by notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter:
Provided that all bye-laws made by the New Delhi Municipal Committee under sub-section (3) of section 189 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) and in force immediately before such commencement, shall be deemed to have been made under the provision of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely:--
(a) the regulation or restriction of the use of sites for buildings for different areas;
(b) the regulation or restriction of buildings in different areas;
(c) the form of notice of erection of any building or execution of any work and the fee in respect of the same;
(d) the plans and documents to be submitted together with such notice and the information and further information to be furnished;
(e) the level and width of foundation, level of lowest floor and stability of structure;
(f) the construction of buildings and the materials to be used in the construction of buildings;
(g) the height of buildings whether absolute or relative to the width of streets or to different areas;
(h) the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation;
(i) the provision of open spaces external and internal, and adequate means of light and ventilation;
(j) the provision of means of egress in case of fire, fire-escapes and water lifting devices;
(k) the provision of secondary means of access for the removal of house refuse;
(l) the materials and methods of construction of external and party walls, roofs and floors;
(m) the position, materials and methods of construction of hearths, smoke-escapes, chimneys, stair-cases, latrines, drains and cesspools;
(n) the provision of lifts;
(o) the paving of yards;
(p) the restrictions on the use of inflammable materials in buildings;
(q) the restriction on construction of foundation on certain sites;
(r) the measures to be taken to protect building from dump arising from sub-soil;
(s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;
(t) in the case of wells, the dimensions of the well, the manner of enclosing it and; if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water;
(u) the supervision of buildings;
(v) the setting back of garages and shops from the regular line of a street;
(w) the construction of partable structures and permission for such construction.
(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson, who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.
(4) The Chairperson shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.
(5) The Central Government may issue such directions to the Chairperson as it thinks fit, for ensuring proper implementation of the bye-laws made under this section.
Provided that all bye-laws made by the New Delhi Municipal Committee under sub-section (3) of section 189 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) and in force immediately before such commencement, shall be deemed to have been made under the provision of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely:--
(a) the regulation or restriction of the use of sites for buildings for different areas;
(b) the regulation or restriction of buildings in different areas;
(c) the form of notice of erection of any building or execution of any work and the fee in respect of the same;
(d) the plans and documents to be submitted together with such notice and the information and further information to be furnished;
(e) the level and width of foundation, level of lowest floor and stability of structure;
(f) the construction of buildings and the materials to be used in the construction of buildings;
(g) the height of buildings whether absolute or relative to the width of streets or to different areas;
(h) the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation;
(i) the provision of open spaces external and internal, and adequate means of light and ventilation;
(j) the provision of means of egress in case of fire, fire-escapes and water lifting devices;
(k) the provision of secondary means of access for the removal of house refuse;
(l) the materials and methods of construction of external and party walls, roofs and floors;
(m) the position, materials and methods of construction of hearths, smoke-escapes, chimneys, stair-cases, latrines, drains and cesspools;
(n) the provision of lifts;
(o) the paving of yards;
(p) the restrictions on the use of inflammable materials in buildings;
(q) the restriction on construction of foundation on certain sites;
(r) the measures to be taken to protect building from dump arising from sub-soil;
(s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;
(t) in the case of wells, the dimensions of the well, the manner of enclosing it and; if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water;
(u) the supervision of buildings;
(v) the setting back of garages and shops from the regular line of a street;
(w) the construction of partable structures and permission for such construction.
(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson, who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.
(4) The Chairperson shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.
(5) The Central Government may issue such directions to the Chairperson as it thinks fit, for ensuring proper implementation of the bye-laws made under this section.
Section 261 Provision for daily cleansing of streets and removal of rubbish and filth.
(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Chairperson shall provide--
(a) for the daily surface-cleansing of all streets and the removal of the sweepings therefrom, and
(b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter.
(2) The Chairperson may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
(a) for the daily surface-cleansing of all streets and the removal of the sweepings therefrom, and
(b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter.
(2) The Chairperson may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
Section 262 Rubbish, etc., to be the property of the Council.
All matters deposited in public receptacles, depots and places provided or appointed under section 263 and all matters collected by municipal employees or contractors in pursuance of section 261 and section 265 shall be the property of the Council.
Section 263 Provision or appointment of receptacles, depots and places for rubbish, etc.
(1) The Chairperson shall--
(a) provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter;
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and
(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter.
(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or
final disposal of any of the matters specified in sub-section (1).
(3) The Chairperson shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance
(a) provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter;
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and
(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter.
(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or
final disposal of any of the matters specified in sub-section (1).
(3) The Chairperson shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance
Section 264 Duty of owners and occupiers to collect and deposit rubbish, etc.
It shall be the duty of the owners and occupiers of all premises--
(a) to have the premises swept and cleaned;
(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the Chairperson, by public notice prescribes, in public receptacles, depots or places provided or appointed under section 263 for the temporary deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner prescribed by the Chairperson for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.
(a) to have the premises swept and cleaned;
(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the Chairperson, by public notice prescribes, in public receptacles, depots or places provided or appointed under section 263 for the temporary deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner prescribed by the Chairperson for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.
Section 265 Collection and removal of filth and polluted matter.
(1) It shall be the duty of the owner and occupier of every premises situate in any portion of New Delhi in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 263 at such times, in such vehicle or vessel by such route and with such precautions as the Chairperson may by public notice prescribe.
(2) It shall be lawful for the Chairperson to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of New Delhi.
(3) In such portion of New Delhi and in any premises where situate in which there is a latrine or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the Chairperson, for any person who is not employed by or on behalf of the Chairperson to discharge any of the duties of scavengers.
(2) It shall be lawful for the Chairperson to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of New Delhi.
(3) In such portion of New Delhi and in any premises where situate in which there is a latrine or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the Chairperson, for any person who is not employed by or on behalf of the Chairperson to discharge any of the duties of scavengers.
Section 266 Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.
The Chairperson may, if he thinks fit,--
(a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263, or
(b) after giving such owner or occupier notice of his intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal such fee as may, with the sanction of the Council be specified in the notice issued under clause (a).
(a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263, or
(b) after giving such owner or occupier notice of his intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal such fee as may, with the sanction of the Council be specified in the notice issued under clause (a).
Section 267 Prohibition against accumulation of rubbish, etc.
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Chairperson, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Chairperson, or fail to comply with any requisition of the Chairperson as to the construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter.
(3) No person shall, after due provision has been made in this respect under the foregoing provisions of this Chapter for the deposit and removal of the same--
(a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course; or
(b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or
(c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter.
(3) No person shall, after due provision has been made in this respect under the foregoing provisions of this Chapter for the deposit and removal of the same--
(a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course; or
(b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or
(c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.
Section 268 Prohibition in respect of air pollutant.
No owner or occupier of any premises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause (g) of sub-section (1) of section 17 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).
Section 269 Chairperson's power to get premises scavenged and cleansed.
If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Chairperson may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.
Section 270 Public latrines, urinals, etc.
(1) The Chairperson shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals.
(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.
(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.
Section 271 Construction of latrines and urinals.
(1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the Chairperson and in accordance with such terms not inconsistent with the provisions of this Act or any bye-laws made thereunder as he may prescribe.
(2) In prescribing any such terms the Chairperson may determine in such case--
(a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and
(b) what shall be the site or position of each latrine or urinal.
(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Chairperson may, after giving not less than ten days' notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the Chairperson in so doing shall be recoverable from the owner or occupier as an arrear of tax under this Act.
(2) In prescribing any such terms the Chairperson may determine in such case--
(a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and
(b) what shall be the site or position of each latrine or urinal.
(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Chairperson may, after giving not less than ten days' notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the Chairperson in so doing shall be recoverable from the owner or occupier as an arrear of tax under this Act.
Section 272 Latrines and urinals, etc., in new buildings.
(1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the Chairperson may prescribe.
(2) In prescribing any such accommodation, the Chairperson may determine in each case--
(a) that such building shall be served by the flush system only;
(b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions.
(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises.
(4) In this section, the expression "to erect a building" has the same meaning as in section 236.
(2) In prescribing any such accommodation, the Chairperson may determine in each case--
(a) that such building shall be served by the flush system only;
(b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions.
(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises.
(4) In this section, the expression "to erect a building" has the same meaning as in section 236.
Section 273 Latrines and urinals for labourers, etc.
Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Chairperson may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order
Section 274 Provision of latrines and urinals for markets, etc.
The Chairperson may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order.
Section 275 Other provisions as to private latrines.
The Chairperson may, by written notice--
(a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or
(b) require the owner or other person having the control of such private latrine or urinal which in the opinion of the Chairperson constitutes a nuisance, to remove the latrine or the urinal; or
(c) require any person having the control whether as owner, lessee or occupier of any land or building--
(i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or
(ii) to clean in such manner as the Chairperson may prescribe in the notice any latrine or urinal belonging to the land or building; or
(d) where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as he may prescribe, if necessary by causing any part of such premises to be vacated and demolished in accordance with bye-laws made in this behalf.
(a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or
(b) require the owner or other person having the control of such private latrine or urinal which in the opinion of the Chairperson constitutes a nuisance, to remove the latrine or the urinal; or
(c) require any person having the control whether as owner, lessee or occupier of any land or building--
(i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or
(ii) to clean in such manner as the Chairperson may prescribe in the notice any latrine or urinal belonging to the land or building; or
(d) where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as he may prescribe, if necessary by causing any part of such premises to be vacated and demolished in accordance with bye-laws made in this behalf.
Section 276 Removal of congested buildings.
(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.