(1) If the State Government is of opinion that risk
of disease has arisen or is likely to arise, either to any occupier or
to any inhabitants in the neighbourhood of any area, by reason of
any of the following defects, namely-
(a) the manner in which either buildings, or blocks
of buildings, already existing or projected
therein, are, or are likely to become crowded
together, or
(b) the impracticability of cleansing any such
buildings or blocks of buildings already existing
or projected, or
(c) the want of drainage or scavenging or the
difficulty of arranging therein for the drainage or
scavenging of any such buildings or blocks as
aforesaid, or
(d) the narrowness, closeness, bad arrangement or
bad condition of the streets or buildings or
groups of building,
the State Government may by notification in the Official Gazette
confer on the Municipality all or any of the powers specified in
sub-section (2) and the Municipality may, subject to the
limitations, restrictions, modifications, conditions or bye-laws, if
any, prescribed in this behalf, exercise within that area all powers
conferred.
(2) The powers, all or any of which may be conferred on
the Municipality under sub-section (1), are as follows: -
(a) power, when any building or block already
existing or in course of erection, by reason of
any defect specified in sub-section (1), has given
or is in the opinion of the Municipality, likely to
give rise to such risk as aforesaid, to require by a
written notice, to be fixed upon some
conspicuous part of such building or block and
addressed as the Municipality deems fit either to
the owners thereof or to the owners of the land
on which such building or block is erected or is
in course of erection, that the persons so
addressed shall, within a reasonable time as shall
be specified in the notice, either pull down or
remove the said building or block or execute
such works or take such action in connection
therewith as the Municipality deems necessary to
prevent all such risk of disease;
(b) power by municipal or other agency to pull
down or remove the said building or block or to
execute such works or take such action, if the
person addressed in the said notice neglects to do
so within the time specified therein;
(c) power, subject to right of appeal to an officer
who may be empowered by the State
Government in this behalf and whose decision
shall be conclusive, to prohibit, by written notice
addressed to the owner and occupier of any such
site or space and by general notice, the erection
of any building or of any building exceeding
such dimensions as may be specified-
(i) on the site of any building which has
in whole or in part in exercise of the
power specified in clause (a) been
pulled down, or
(ii) on any space not occupied by
buildings, whether such space is
private property or not and whether it
is enclosed or not,
if the Municipality considers that in order to prevent such risk as
aforesaid such site or space should not be built upon and either-
(a) to acquire such site or space, or
(b) to prescribe such conditions as may be deemed
necessary as to the use that the owner or
occupier may make or permit to be made
thereof:
Provided that in every case compensation, the amount of
which shall, in case of dispute, be ascertained and determined in
the manner provided in section 295, shall be paid to any person
whose rights are affected by such prohibition.
(3) When in pursuance of any notice under sub-section (2)
any building has been pulled down, the Municipality shall, unless
it has been erected contrary to any provisions of this Act or of any
bye-laws in force thereunder, pay to such owner or occupier as
may have sustained damage thereby reasonable compensation the
amount of which shall, in case of dispute, be ascertained or
determined in the manner provided in section 295.
(4) The State Government may at any time, by like
notification, withdraw any power conferred by it under this
section, or cancel or modify any limitation, restriction,
modification, condition or regulation in respect of any such power
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Section 274