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364. Right of owner to apply to the court of the district judge in case of obstruction byoccupier.

(1) The owner of any land or building may, if he is prevented by the occupier thereof from complying with

(a) the provisions of section 221, section 229, section 247, section 248, section 249, or section 252, 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) 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.



New Delhi Municipal Council Act, 1994 Back




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