Section 456:
Right of owner to apply to the court of the district judge in case of obstruction by occupier.
(1) The owner of any land or building may, if he is prevented by the occupier thereof from
1
[complying with
(a) the provisions of section 317, section 325, section 343, section 344, section 345 or section 347
or any bye-law made thereunder or with any notice or order issued under any such provision, apply to
the Appellate Tribunal; and
(b) any other provision or any bye-law made thereunder or with any notice, order or requisition
issued under such provision, apply to the court of the district judge of Delhi,and where such application is made] within any time that may be fixed for the compliance with such
provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the
provision, or notice, order or requisition within the time so fixed.
(2)
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[The Appellate Tribunal or the court, as the case may be] on receipt of such application, may
make a written order requiring the occupier of the land or building to afford all reasonable facilities to the
owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit
direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford
all such reasonable facilities to the owner for the purpose, aforesaid as may be specified in the order; and
in the event of his continued refusal to do so, the owner shall be discharged during the continuance of
such refusal, from any liability which may have been otherwise incurred by reason of his failure to
comply with the said provision or notice, order or requisition.
Notes:
1. Subs. by Act 42 of 1984, s. 9, for certain words (w.e.f. 10-2-1986).
2. Subs. by Act 42 of 1984, s. 9, for The court (w.e.f. 10-2-1986).