Section 247:
Order of demolition and stoppage of buildings or works in certain cases and appeal.
(1) Where the erection of any building or execution of any work has been commenced, or is being carried
on, or has been completed without or contrary to the sanction referred to in section 241 or in
contravention of any condition subject to which such sanction has been accorded or in contravention of
any of the provisions of this Act or bye-laws made thereunder, the Chairperson may, in addition to any
other action that may be taken under this Act, make an order directing that such erection or work shall be
demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more than fifteen days
from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has
been delivered to that person), as may be, specified in the order of demolition:
Provided that no order of demolition shall be made unless the person has been given by means of a
notice served in such manner as the Chairperson may think fit, a reasonable opportunity of showing cause
why such order shall not be made:
Provided further that where the erection or work has not been completed, the Chairperson may by the
same order or by a separate order, whether made at the time of the issue of the notice under the first
proviso or at any other time, direct the person to stop the erection or work until the expiry of the period
within which an appeal against the order of demolition, if made, may be preferred under sub-section (2).
(2) Any person aggrieved by an order of the Chairperson made under sub-section (1) may prefer an
appeal against the order to the Appellate Tribunal within the period specified in the order for the
demolition of the erection or work to which it relates.
(3) Where an appeal is preferred under sub-section (2) against an order of demolition the Appellate
Tribunal may, subject to the provisions of sub-section (3) of section 255 stay the enforcement of that
order on such terms, if any, and for such period, as it may think fit:
Provided that where the erection of any building or execution of any work has not been completed at
the time of the making of the order of demolition, no order staying the enforcement of the order of
demolition shall be made by the Appellate Tribunal unless security, sufficient in the opinion of the said
Tribunal has been given by the appellant for not proceeding, with such erection or work pending the
disposal of the appeal.
(4) No court shall entertain any suit, application or order proceeding for injunction or other relief
against the Chairperson to restrain him from taking any action or making any order in pursuance of the
provisions of this section.
(5) Subject to an order made by the Administrator on appeal under section 256, every order made by
the Appellate Tribunal on appeal under this section, and subject to the orders of the Administrator and the
Appellate Tribunal on appeal, the order of demolition made by the Chairperson shall be final and
conclusive.
(6) Where no appeal has been preferred against an order of demolition made by the Chairperson
under sub-section (1) or where an order of demolition made by the Chairperson under that sub-section has
been confirmed on appeal, whether with or without variation, by the Appellate Tribunal and by the
Administrator in a case where an appeal has been preferred against the order of the Appellate Tribunal,
the person against whom the order has been made shall comply with the order within the period specified
therein, or as the case may be, within the period, if any fixed by the Appellate Tribunal or the
Administrator on appeal and on the failure of the person to comply with the order within such period, the
Chairperson may himself cause the erection or the work to which the order relates to be demolished and
the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.