8. Section 26 of the principal enactment is hereby repealed and the following new section substituted therefor:
| 26.
| | (1) If any person erects or re-erects any building, boundary wall, gateway or other structure or any basement, or other underground structure, or any well, pond or shaft or makes any addition to any building, boundary wall, gateway or other structure or any basement, or other underground structure or any well; pond or shaft in contravention of any of the provisions of section 24, the Executive Engineer shall, by written notice require such person to demolish or remove such building, boundary wall, gateway or other structure or any basement or other underground structure or any well, pond or shaft or any addition thereto, on or before such day as shall be specified in such notice, not being less than seven days from the date thereof. | | |
| | (2) It shall be the duty of the person on whom a notice is issued under subsection (1) to comply with any requirement specified in such notice within the time specified therein, or within such extended time as may be granted by the Executive Engineer, on application made in that behalf. | | |
| | (3)
| | | (a) Where in pursuance of a notice issued under subsection (1), any building, boundary wall, gateway, or other structure or any basement or other underground structure or any well, pond or shaft, is not demolished or removed, within the time specified in the notice or within such extended time, as may have been granted by the Executive Engineer, the Executive Engineer may apply to the Magistrate to make a mandatory order,authorizing the Executive Engineer to demolish or remove such building, boundary wall, gateway or other structure or any basement, or other underground structure, or any well,pond or shaft, and the Magistrate on issuing notice on the person, who had failed to comply with the requirement of the Executive Engineer under subsection (1), to, demolish or remove such building, boundary wall, gateway, or other structure, or any basement, or other underground structure or any well, pond or shaft, may, if he is satisfied to the same effect, make order accordingly. |
| (b) If such person undertakes to demolish or remove such building, boundary wall, gateway or other structure or any basement or other underground structure or any well, pond or shaft, the Magistrate may if he thinks fit, postpone the operation of the Order for such time not exceeding two months as he thinks sufficient for the purpose, of giving the person an opportunity of demolishing or removing such building, boundary wall, gateway or other structure or any basement or other underground structure or any well, pond or shaft. |
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| | (4) Where a mandatory order has been made under subsection (3), it shall be the duty of the police authorities to render all necessary assistance to the Executive Engineer in carrying out the order. | | |
| | (5) The Executive Engineer shall be entitled to recover any reasonable expenses incurred by him in demolishing or removing any building, boundary wall, gateway or other structure or any basement or other underground structure or any well, pond or shaft in pursuance of an order made by the Magistrate under subsection (3). ". | | |
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Sri Lanka Consolidated Acts