Section 90State of Assam Act
Section 90: Procedure upon opposition to execution by occupier
Procedure upon opposition to execution by occupier.
(1)
If after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuse to allow such owner to take action, the owner, may apply to the District Magistrate.(2)
The District Magistrate upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, which respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order.(3)
If after the expiry of eight days from the date of the Magistrates order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction to a fine which may extend to rupees two hundred fifty for every day during which he has so continued to refuse.(4)
Every owner, during the continuance of such refusal shall be discharged from any liability on account of such breach or default.Previous
Sec 89 — Right of Occupier to execute works in default of owner
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Sec 91 — Recover of cost of work by the occupier
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