Section 51

Where a person appeals to the High Court against a mandatory order, no liability to a fine shall arise nor, save as mentioned in this section, shall any proceedings be taken or work done under the order until after the determination or abandonment of the appeal.

Where a mandatory order is made and a person does not comply with it and appeals against it to the High Court and the appeal is dismissed or is abandoned, the appellant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 a day during the non-compliance with the order, unless he satisfies the Court before which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the High Court, that Court may, on dismissing the appeal, impose the fine as if the Court were the Court before which the summons was returnable.

Where a mandatory order is made on any person and appealed against and the Court which made the order is of opinion that the non-execution of the mandatory order will be injurious or dangerous to health and that the immediate execution of the order will not cause any injury which cannot be compensated by damages, that Court may authorise the authority immediately to execute the work.

The authority, if he does the work and the appeal is successful, shall pay the cost of the work and the damages if any, sustained by the said person by reason of the work, but, if the appeal is dismissed or abandoned, the authority may recover the cost of the work from that person and, if that person is the owner of the premises in respect of which the order is made, section 64 shall apply to any sum recoverable from him hereunder and in any other case section 61 shall apply thereto.[89