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Section 274Removal of congested building.

The JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000 (Act No. XXI of 2000)

(1) Where it appears to the Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the building are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or for the want of proper drainage and ventilation, or of the impracticability of cleansing the building or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer, who shall make a report in writing to him regarding the sanitary condition of the block.

(2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk to disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public heath, he shall with the approval of the Corporation 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 owner of such buildings to remove them within such period as may be specified in the notice :

Provided that before issuing the notice, reasonable opportunity should be afforded to the owners to show cause why the buildings should not be removed.

Provided further that the Commissioner shall pay 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 Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.