State Act

354A

Section 354A. Power of 5[Designated Officer] to stop erection of building or work commenced or carried on unlawfully.

The Mumbai Municipal Corporation Act.

Act no. 3 of 18881888In forceMaharashtra (State Act)

4[354A. Power of 5[Designated Officer] to stop erection of building or work commenced or carried on unlawfully.— (1) If the 6[Designated Officer] is satisfied that the erection of any building or the execution of any such work as is described in section 342 has been unlawfully commenced or is being unlawfully carried on upon premises, the 7[Designated Officer] may, by written notice, require the person erecting such building or executing such work to stop such erection or work 8[forthwith]. 9[(2) If the erection of the building or execution of the work is not stopped as required by the 10[Designated Officer], or permission approved by the competent authority in favour of the erection of the building or execution of the work is not produced within twenty-four hours from the service of notice referred to in sub-section (1), the 11[Designated Officer] may, without further notice, remove or pull down the building or work and the expenses thereof shall be paid by the said person or owner of the building or work. The 1[Designated Officer] may also direct that any person directing or carrying out such erection or work shall be removed by any police officer from the place where the building is being erected or the work is being executed.] 2[(3) In addition to the action that the 3[Designated Officer] may take under sub-section (2), he may, without further notice, cause to be removed any materials, machinery, equipments, devices or articles used in the process of erection of the building or execution of such work. (4) If the expenses incurred by the 4[Designated Officer] under sub-sections (2) and (3) are not paid within one month from the date of demand, such sum as remains unpaid shall be treated, as arrears of property tax and the procedure prescribed under this Act for recovery of arrears of property tax shall, mutatis mutandis, apply to the recovery of such unpaid sum.]