GMA 231 — Proceedings if any occupier opposes the execution of the Act

Gujarat Municipalities Act, 1963

Statutory text

If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land any of the provisions of this Act, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any executive Magistrate upon proof thereof, and upon application of the owner, may make and order in writing requiring such occupier to permit the owner to execute all such works, with respect to such building or land as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order, and if, after the expiration of eight days from the date of the order, such occupier continue to refuse to permit such owner to execute any such work, such occupier shall for every day during which he so continued to refuse, be punished with fine which may extend to one hundred rupees and every such owner, during the continuance of such refusal, shall be discharged Power to levy charges on occupire who may deduct the same from his rent. Occupiers not to be liable for more than the amount or rent due. Occupier in default of owner, may execute works, and deduct expenses from his rent. from any penalties to which he might otherwise have become liable by reason of his default in executing such works.

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