Permission of occupation of public street and removal of obstruction.

184. Permission of occupation of public street and removal of obstruction. (1) The municipality may grant permission in writing, on such conditions as may be approved by the Deputy Commissioner for the safety or convenience of persons passing by or dwelling or working in the neighbourhood, and may at its discretion withdraw the permission, to any person to - (a) place in front of any building any moveable encroachment upon the ground level of any public street or over or on any sewer drain or water course or any moveable over hanging structure projecting into such public street at a point above the said ground level ; (b) take up or alter the pavement or other materials for the fences of posts of any public street ; (c) deposit or cause to be deposited building materials, goods for sale, or other articles on any public street ; (d) make any hole or excavation on, in or under any street, or remove materials from beneath any street, so as to cause risk of subsidence; or (e) erect or set up any fence, post, stall or scaffolding in any public street, and may charge fees according to a scale to be approved by the Deputy Commissioner for such permission. (2) Whoever does any of the acts mentioned in sub-section (1) without the written permission of the municipality shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees and the municipality or the Executive Officer or the Secretary or the Health Officer or any person authorised by the municipality may,- (i) after reasonable opportunity has been given to the owner to remove his material and if he has failed to do so, remove or cause to be removed by the Police, or any other agency, any such moveable encroachments or over hanging structures and any such material, goods or articles of merchandise and any such fence, post, stall, or scaffolding ; (ii) take measures to restore the street to the condition it was in before any such alteration, excavation or damage. (3) If the material specified in clause (i) of sub-section (2) has not been claimed by the owner within a fortnight of its having been deposited for safe custody by the municipality or if the owner fails to pay to the municipality the actual cost of removal or deposit in safe custody, the municipality may have the material sold by auction at the risk of the owner, and the balance of the proceeds of such sale shall after deduction of the expenditure incurred by the municipality be paid to the owner, or if the owner cannot be found, or refuses to accept payment the balance shall be kept in deposit by the municipality until claimed by the person entitled thereto, and if no claim is made within two years the municipality may credit the amount to the municipal fund. Explanation.- For the purposes of this section moveable encroachment includes a seat or settee, and moveable over hanging structure includes an awning of any material.