Section 314   [ View Judgements ]

[Power to remove without notice anything erected, deposited or hawked in contravention of section 312, 313 or 313A.] [1]


The Commissioner may, without notice, cause to be removed -



(a) any wall, fence, rail, post, step, booth or other structure or fixture which shall be erected or set up in or upon any street, or upon or over any open channel, drain, well or tank contrary to the provisions of sub-section (1) of section 312, after the same comes into force [2] [in the city or in the suburbs, after the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 [3] [or in the extended suburbs after the date of the coming into force of the Bombay Municipal (Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956];]



(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached, or suspended in, upon, from or to any place in contravention of sub-section (1) of section 313;



[4] [(c) any article whatsoever hawked or exposed for sale in any public place or in any public street in contravention of the provisions of section 313A and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed or kept for the purpose of sale.]



[5] [(d) any person, unauthorisedly occupying or wrongfully in possession of any public land, from such land together with all the things and material unauthorisedly placed, projected or deposited on such land by such person:



Provided that, the Commissioner shall, while executing such removal, allow such person to take away his personal belongings and household articles, such as cooking vessels, bed and beddings of the family, etc.]



FOOTNOTES:

1. This marginal note was substituted for the original by Bombay 26 of 1956, s. 2(2).

2. These words, brackets and figures were inserted by Bombay 7 of 1950, s. 25.

3. These words, brackets and figures were inserted by Bombay 58 of 1956, s. 18.

4. Clause (c) was inserted by Bombay 26 of 1956, s. 2(1).

5. Clause (d) was added by Maharashtra 11 of 2002, s. 23, (w.e.f, 1.4.1999).

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