7. Replacement of section 20A of the principal enactment

Section 20A of the principal enactment is hereby repealed and the following section is substituted therefor: -

20A. (1) Every application for an order under subsection (5) or (6) of section 2A, subsection (5) of section 2B or subsection (4)

or (5) of section 4A or subsection (2) of section 20c shall be supported by an affidavit verifying the matters set out in the application.

Upon receipt of the application, where the Magistrate is satisfied that an act has been committed in contravention of the provisions of subsection (5) or (6) of section 2A, subsection (5) of section 2B or subsection (4) or (5) of section 4A, or subsection (2) of section 20c may make an interim order restraining such person, his agents and servants from carrying on such unlawful activity until such interim order is made permanent under the provisions of subsection (4) or (8) or is set aside under the provisions of subsection (8).

Summons shall be issued on the person against whom the interim order under subsection (2) is made or where an interim order has not been made by the Magistrate’s Court

If the person against whom such order has been made fails to appear before the Court on the date specified in subsection (3) or such person has no cause to show as to why the interim order made under subsection (2) shall not be made permanent, then the Court shall forthwith make the interim order permanent as prayed for in the application.

If the person against whom an interim order has not been made and against whom the summons has been served under subsection (3)

If such person appears in Court and states that such person has cause to show against the making of the interim order or the making of a restraining order, the Court may either proceed with the case forthwith or set the case for inquiry on a later date.

At such inquiry the person on whom summons under subsection (3) has been served, shall not be entitled to contest any of the matters stated in the application under subsection (1) except to show cause that –

the relevant area of the land is not a land that comes under sections 2, 2B or 4A of this Act; or

such person has complied with the terms and conditions of the approval under subsection (2) of section 2A or subsection (2) of section 4A or has complied with the requirements specified in the order made under subsection (1) of section 2B.

After the inquiry the Magistrate may either make the interim order permanent as prayed for in the application or set aside such interim order or make a restraining order as prayed for in the application or reject such application.

Where the Magistrate has made an order under subsection (4), (5) or (8), the

the Chief Executive Officer -

to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;

to excavate or unearth and to remove the soil and materials used in the filling or the construction; and

to take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction; and

the person against whom such order was made to pay the total cost incurred-

in the demolition of any building or construction;

in the excavation or unearthing of the soil and materials used in the filling or the construction;

in the removal of the soil and materials used for such filling or construction; and

in the taking into custody of any implement, instrument, machinery, vehicle or document used for such filling or construction.

The cost incurred by the Corporation, as specified in the statement of cost certified by a Chartered Civil Engineer and submitted with an affidavit to the Magistrate’s Court by the Chief Executive Officer shall be final and conclusive and be recovered from the person against whom the order was made in the same manner as a fine imposed by such Court and shall be credited to the Fund of the Corporation.

(a) Where an order under subsection (9) is made and the Magistrate has directed the Chief Executive Officer to take any implement, instrument, machinery, vehicle or document into custody, the Magistrate may subject to the provisions of subsection (12) make order that such implement, instrument, machinery, vehicle or document shall be forfeited to the State. Any implement, instrument, machinery, vehicle or document so forfeited to the State shall vest in the State free from all encumbrances. Such vesting shall take effect-

where no appeal has been preferred to the Court of Appeal or a High

where an appeal has been preferred to the Court of Appeal or to the High

The Chief Executive Officer shall take possession of any implement, instrument, machinery, vehicle or document vested in the

Where an order under subsection (9)

he has taken all precautions to prevent the use of such implement, instrument, machinery, vehicle or document; or

that such implement, instrument, machinery, vehicle or document have been used without his knowledge, for the commission of the offence.

(a) Where the Chief Executive Officer or the officer or the servant authorised by the

the demolition of any building or construction;

the excavation or unearthing of the soil and materials, used in the filling or the construction;

the removal of the soil and all materials used for such filling or construction; and

the taking into custody of any implement, instrument, machinery, vehicle or document used for such filling or construction, due to any obstruction or resistance which has been, or is likely to be made, the Chief

demolish any building or construction;

excavate or unearth the soil and materials used in the filling or the construction;

remove the soil and materials used for such filling or construction; and

take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction.

Every application supported by an affidavit shall be conclusive evidence of the facts stated therein.

The Fiscal to whom an order is issued under paragraph (a) shall forthwith execute such order and report in writing to the Court, the manner in which such order was executed.

Where the Fiscal has demolished any building or construction, excavated or

Where an order under paragraph (a) is made, all the implements, instruments, machinery, vehicles or documents taken into custody by the Fiscal shall subject to the provisions of paragraph (f) be forfeited to the

Where an order is made under paragraph (a) for the taking into custody of any implement, instrument, machinery, vehicle or document and the owner of such implement, instrument, machinery, vehicle or document is a third party, no order of forfeiture shall be made, if the owner proves to the satisfaction of the Court that-

he has taken all precautions to prevent the use of such implement, instrument, machinery, vehicle or document; or

that such implement, instrument, machinery, vehicle or document have been used without his knowledge, for the commission of the offence.

The Minister may by regulations prescribe the forms of the applications and the affidavit.”.