State Act

The Mumbai Municipal Corporation Act.

352. Buildings or works commenced contrary to section 374 may be cut into and laid open for purposes of inspection.— (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in the last preceding section anything has been done contrary to any provision of this Act or of any bye-law made under this Act at the time in force, or that anything required by any such provision or bye-law to be done has been omitted to be done; and if, on inspecting such building or work, it is found that, the same has been completed or is too far advanced to permit of any such fact being ascertained; the 9[Designated Officer] may, with the approval of 10[the Standing Committee] by written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building or work as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained. (2) If it shall thereupon be found that in the erection of such building or the execution of such work nothing has been done contrary to any provision of this Act or any bye-law made under this Act at the time in force, and that nothing required by any such provision or bye-law to be done has been omitted to be done, compensation shall be paid by the 11[Designated Officer] to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down, the building or work.