Section 33
Alteration or clemclition oi' sfif(eef· f· iria~e , :'in br;eactu of Sscliorii 22'. -(1) If any person lays out or makes any.;stree"t· . r.efer(~<(to ·in Section 32 . with· out or otherwise than in conformity with- ~tie orders: c;,i the Authoriiy , ' he Vice Chairman may whether or not tho offender be prosecuted under this Act. b~ noiice -
33. Alteration or clemclition oi' sfif(eef· f· iria~e , :'in br;eactu of Sscliorii 22'. -(1) If any person lays out or makes any.;stree"t· . r.efer(~<(to ·in Section 32 . with· out or otherwise than in conformity with- ~tie orders: c;,i the Authoriiy , ' he Vice Chairman may whether or not tho offender be prosecuted under this Act. b~ noiice -
(a) require U:e offender to show cause in writing and send to th ~ Vice; Chairman on or before such date as may be specified in the nonce why such ' street should not' be altered to ihe satisfaction
h of !ilE Vies -Chairman or , if such t be altered to ihe satisfaction of !ilE
alteration be impracticable, wh:: sue+ street should not he demolished; or
(b) require the offender 10 appear before the Vice-Chairmen either per· sonall / or by a d!JIY authorised ageni on sucn day and at suer time and place as may be speclfied in the notice and show Cell.IS€ aforesaid .
If any person on whom such notice is served iails to show cause re the satisfaction of the Vice-Chairman why such street should not be so alterer or demolished, ihe Vice-Chairman may pass an order directing the alteration 01 demolition of sue! street as he may think fit.
The coot incurred in this connection shall be recovered from ihe parlie~ concerned as arrears of land revenue .
21, . Power of Vic;e-Chaiuman to order wor!f fro roe carrioo out 1.1r to IC"'il'li"l out himseli 1n rfofeiu3t-lf any private street or part thereoi is no: levelleci paved, metalled . ilagged, channelled .. sewered, drained, conserved or ;ighiened tc the satisfaction of the Vice -Chairman he may by notice require the owners o such street or part thereof and ihe owners of the lands and buildings in froni o or abutting on such street or part thereof to carry out any work whic.1 in hii opinion may by necessary, and wilhin such time as may be specified in suet notice.
lf such work is not carried out within the time specified in t:is i1o1ice the Vice-Chairman may , if he thinks fit, execute it and recover the expenses ;r, curred thereon from the owners referred to in sub-section (1) in such proportior as may be determined by the Vice-Chairman as arrears of tax under this Acl.
Comments l1 case-law
[The authonty must ensure that there is sufficier.l tiroe between the date of ;ldveriisement and lile date on which auction is to be relci . Merely ensurlnq a ili~he;- pries than that of ihe previous auction is not enough Mere compliance of requirement of issuing advertisement is. not enough . The action of Government msturnentahty must not only be lair but it also must appear to bo fair Ganesh Bf;andar vs. The Stsi» , 1989 PLJR 299. ·