Section 344
Order of stoppage of buildings or works in certain cases.
The Delhi Municipal Corporation Act, 1957
About this Act
An Act to consolidate and amend the law relating to the Municipal Government of Delhi.
(1) Where the erection of any
building or execution of any work has been commenced or is being carried on (but has not been
completed) without or contrary to the sanction referred to in section 336 or in contravention of any
condition subject to which such sanction has been accorded or in contravention of any provisions of this
Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be
taken under this Act, by order require the person at whose instance the building or the work has been
commenced or is being carried on to stop the same forthwith.
(2) 1 [If an order made by the Commissioner under section 343 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with,] the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises 2 [or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work] within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.
2 [(2A) Any of the things caused to be seized by the Commissioner under subsection (2) shall be disposed of by him in the manner specified in section 326.]
(3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
(4) Where a police officer or a municipal officer or other municipal employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act.
(2) 1 [If an order made by the Commissioner under section 343 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with,] the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises 2 [or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work] within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.
2 [(2A) Any of the things caused to be seized by the Commissioner under subsection (2) shall be disposed of by him in the manner specified in section 326.]
(3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
(4) Where a police officer or a municipal officer or other municipal employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act.
Notes
1. Subs. by Act 42 of 1961, s. 17, for "If such order is not complied with forthwith" (w.e.f. 12-9-1961).
2. Ins. by Act 42 of 1984, s. 4 (w.e.f. 10-2-1986).
2. Ins. by Act 42 of 1984, s. 4 (w.e.f. 10-2-1986).