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138. Demolition of buildings not regularised

(1) Where the owner fails to demolish the building or part thereof or fill up the well as directed in the order refusing regularisation or fails to remit the compounding fee within the time specified, or fails to comply with any condition stipulated in the order granting regularisation within the time specified, the Secretary shall himself cause the building or structure or part thereof demolished or the well filled up as the case may be and the expenses thereof shall be recovered from the owner as if it were an arrear of property tax due under the Act: Provided that in the case of an order refusing regularisation, the building or part thereof shall not be demolished or well filled up or prosecution initiated as in sub-rule (2)
until and unless the time prescribed for filing appeal from such an order has not been expired.

(2) Notwithstanding anything contained in sub-rule (1), Secretary may also take  prosecution proceedings against the owner.