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18. Demolition or alteration of work unlawfully commenced, carried on or completed

  1. Where the Secretary is satisfied-

    1. that the construction, reconstruction or alteration of any building or digging of any well-

      1. has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the Council; or
      2. is being carried on, or has been completed otherwise than in accordance with the plans or specifications on which such permission or decision was based; or
      3. is being carried on or has been completed in breach of any of the provisions contained in the Act or these rules or bye-law or order made or issued there under or any direction or requisition lawfully given or made there under; or
    2. that any alteration required by notice issued regarding deviation has not been duly made; or
    3. that any alteration or addition to any building or any other work made or done for any purpose in or upon any building has been commenced or is being carried on or has been completed in, contravention of the provision's regarding accessory building and sheds, he may make a provisional order requiring the owner or the person for whom the work is done to demolish the work done or so much of it as, in the - opinion of the Secretary, has been unlawfully executed or to make such alterations as may, in the opinion of the Secretary, be necessary to bring the work in conformity with the provisions of the Act, these rules, bye-laws, direction, order or requisition as aforesaid, or with the plans and specifications on which such permission or decision was based, and may also direct that until the said order is complied with, the owner or such person shall refrain from proceeding with the work.
  2. The Secretary shall serve a copy of the provisional order made under sub-rule (l) on the owner or the person for whom such work is done together with a notice requiring him to show cause within a reasonable time to be specified in such notice why the order should not be confirmed.
  3. Where the owner or the person for whom the work is done fails to show cause to the satisfaction of the Secretary, the Secretary may confirm the order or modify the same to such extent as he may think fit to make, and such order shall then be building on the owner or the person for whom the work is done and on the failure to comply with the order, the Secretary may himself cause the building or part thereof demolished or the well dismantled, as the case may be, and the expenses thereof shall be recoverable from the owner or such person:
         Provided that any construction or reconstruction or addition or alteration of any building or digging of any well commenced, being carried on or completed without obtaining approved plan or in deviation of the approved plan shall not be directed to be altered or demolished if such construction or reconstruction or addition or alteration of building or digging of well does not violate any provisions or specific conditions contained in the Act or these rules and has been regularized under the provisions in these rules.
  4. Notwithstanding anything contained in sub-rule(2) or sub-rule(3), the Secretary may also initiate prosecution proceedings against the owner or the person for whom the work has commenced, being carried on or has been completed.
  5. The Government may, either suo motu or on application made by any person aggrieved, after examining the records and hearing the applicant and or the person who has carried out the construction or reconstruction, or alteration or addition of any building or any structure or digging, of any well as in sub-rule (l) and Secretary, if convinced that the construction or reconstruction or alteration or addition of the building the structure or digging of the well has been carried out violating the provisions contained in the Act or these rules or any other rules issued under the Act or any lawful direction issued by the Government or Secretary, direct the Secretary to demolish the construction or reconstruction or alteration or addition or fill up the well within a period to be specified in that direction.
  6. The Government may, if the Secretary fails to execute the direction issued under sub-rule (5) within the period specified therein, make necessary arrangements to demolish the building or structure or to fill up the well  and may recover the expenses from the Municipality concerned.