Chapter XXI NUISANCE

(1) No person shall commit any nuisance in any public street or public place,-

1. (a) unauthorizedly affix upon any building, monument, post, wall, fence, tree or any other public place, any bill, notice or other document; or
2. (b) unauthorizedly deface, or write upon, or otherwise mark on a building, monument, post, wall, fence, tree or any other public place; or
3. (c) carry rubbish, filth or other polluted and obnoxious matter along

1. (d) bury or cremate or otherwise dispose of any corpse at a place not licensed for the purpose; or
2. (e) quarry, blast, cut timber or carry on building operations causing, or likely to cause danger to persons passing by, or dwelling or working, in the neighbourhood; or
3. (f) disturb public peace or order in violation of sound pollution control order, if any; or
4. (g) cause pollution of air in violation of an air pollution control order, if any; or
5. (h) cause obstruction to the movement of vehicular or pedestrian traffic without permission from the competent authority.

1. (2) Where the Commissioner or the officer authorised in this behalf, is of the opinion that there is a nuisance as per sub-section (1) on any land or building he may, by notice, in writing, require the person by whose act, default

or sufferance the nuisance arises or continues or all of the khatadar, lessees or occupiers of such land or building to remove or abate the nuisance by taking such measures, in such manner, and within such period, as may be specified in the notice in accordance, wherever applicable, with the provision of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (Karnataka Act No 35 of 1982).

1. (3) Where the Commissioner or the officer authorised in this behalf, is of the opinion that immediate, removal of any nuisance as per sub-section(1) continuing on any land or building in contravention of the provisions of this

provisions of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981(Karnataka Act No 35 of 1982).

1. (4) Any person or group of persons who fails to comply with any order under this section shall be liable to a penalty as prescribed or in accordance wherever applicable, with the provision of the Karnataka Open

Control of pollution and polluter pays principle.- (1)Subject to the provisions of any law relating to air, water or noise pollution, for the time being in force and in accordance with any notification by the State Government in that behalf, the Corporation may function as a competent authority for the enforcement of such law.

1. (2) The Corporation may, by regulation, provide for recovery of charges and imposition of penalty on those persons who are directly responsible for causing pollution of any kind referred to in this chapter.

(1) If any structure be deemed by the Commissioner to be in a ruinous state or dangerous to passers by or to the occupiers of neighbouring structures, the Commissioner may, by notice require the khatadar or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom. (2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so, shall be recoverable from the khatadar or occupier as arrears of land revenue. (3) If in the opinion of the Commissioner the said structure is imminently dangerous to the inmates thereof, the Commissioner shall order the immediate evacuation thereof and any persons disobeying may be removed by any police officer.

1. (2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires, fence off, take

down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so, shall be recoverable from the khatadar or occupier as arrears of land revenue.

1. (3) If in the opinion of the Commissioner the said structure is imminently dangerous to the inmates thereof, the Commissioner shall order the immediate evacuation thereof and any persons disobeying may be removed by any police officer.

(1) If any tree or any branch of a tree or the fruit of any tree be deemed by the Commissioner to be likely to fall and thereby to endanger any person or any structure, the Commissioner may by notice require the khatadar of the said tree to secure, lop or cut down the said tree or remove the fruit so as to prevent any danger therefrom.

1. (2) If immediate action is necessary, the Commissioner may himself before giving such notice or before the period of notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or to take such temporary measure, as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the khatadar of the tree as arrears of land revenue.

(1) If any tank, pond, well, hole, stream, dam, bank or other place be deemed by the Commissioner to be for want of sufficient repair, protection or enclosure, dangerous to the passers by or to persons living in the neighbourhood, the Chief Commissioner shall by notice require the khatadar to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom. (2) If immediate action is necessary the Commissioner may himself, before giving such notice or before the period of notice expires, take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the khatadar as arrears of land revenue.

1. (2) If immediate action is necessary the Commissioner may himself, before giving such notice or before the period of notice expires, take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the khatadar as arrears of land revenue.

(1) The Commissioner may by notice require the khatadar of any structure, booth or tent, partly or entirely composed of or having any external roof, verandah, pendal, fence, or wall partly or entirely composed of cloth, grass, leaves, mats or other inflammable materials to remove or alter such structure, booth, tent, roof, verandah, pendal, fence or wall, or may grant him permission to retain the same on such conditions as the Commissioner may think necessary to prevent danger from fire.

1. (2) The Commissioner may by notice require any person using any place for the storage for private use of timber firewood or other combustible things to take special steps to guard against danger from fire.
2. (3) Where the Commissioner is of opinion that the means of egress from any structure are insufficient to allow of safe exit in the event of fire, he may with the sanction of the standing committee by notice require the khatadar or occupier of the structure to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircases as he may direct; and when any structure, booth or tent is used for purposes of public entertainment, he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exits so placed and maintained as readily to afford the audience ample means of safe egress, that the seating be so arranged as not interfere with free access to the exits and that the gangways, passage and staircases leading to the exits shall, during the presence of the public, be kept clear of obstructions.

The Commissioner may by notice require the khatadar or occupier of any building or land (which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood), to cleanse, clear or otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or under growth within twenty four hours or such longer period and in such manner as may be specified in the notice.

If in the opinion of the Commissioner the storage, dumping or deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags, wool cotton or any material of the shifting, breaking, cutting or burning of such coal charcoal, ashes, cinders or material or subjecting the same to any process causes or is likely to cause nuisance to the inhabitants in the neighbourhood of such building or land, by the emanation of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice, require the khatadar or occupier of such building of land to take such steps as may be specified in the notice for the abatement of such nuisance.

The Commissioner may by notice require the khatadar or occupier of any building or land near a public street to,-

1. (a) fence the same to the satisfaction of the Commissioner; or
2. (b) trim or prune any hedges bordering on the said street so that they may not exceed such height from the level of the adjoining roadway as the Commissioner may determine; or
3. (c) cut and trim any hedges and trees overhanging the said street and obstructing it or the view of traffic or causing it damage; or
4. (d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger.

(1) If any building or portion thereof, intended for or used as a dwelling-place appears to the Commissioner to be unfit for human habitation he may apply to the standing committee to prohibit the further use of such building for such purpose, and the standing committee may, after giving the khatadar and occupiers thereof a reasonable opportunity of showing cause why such order shall not be made, make a prohibitory order as aforesaid. (2) When any such prohibitory order has been made, the Commissioner shall communicate the purport thereof to the khatadar and occupier of the building and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no khatadar or occupier shall use or suffer it to be used for human habitation until the Commissioner certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction or the standing committee withdraws the prohibition. (3) When such prohibitory order has remained in operation for three months, the Commissioner shall report the case to the standing committee which shall thereupon consider whether the building shall not be demolished. The standing committee shall give the khatadar not less than thirty days notice of the time and place at which the question shall be considered and the khatadar shall be entitled to be heard when the question is taken into consideration. (4) If upon such consideration the standing committee is of opinion that the building has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance thereof is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a decision, to that effect with the grounds of the decision, and the Commissioner shall, in pursuance of the said decision by notice, require the khatadar to demolish the building.

Commissioner to be unfit for human habitation he may apply to the standing committee to prohibit the further use of such building for such purpose, and the standing committee may, after giving the khatadar and occupiers thereof a

1. (2) When any such prohibitory order has been made, the Commissioner shall communicate the purport thereof to the khatadar and occupier of the building and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no khatadar or occupier shall use or suffer it to be used for human habitation until the Commissioner certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction or the standing committee withdraws the prohibition.
2. (3) When such prohibitory order has remained in operation for three months, the Commissioner shall report the case to the standing committee which shall thereupon consider whether the building shall not be demolished. The standing committee shall give the khatadar not less than thirty days notice of the time and place at which the question shall be considered and the khatadar shall be entitled to be heard when the question is taken into consideration.
3. (4) If upon such consideration the standing committee is of opinion that the building has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance thereof is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a

decision, to that effect with the grounds of the decision, and the Commissioner shall, in pursuance of the said decision by notice, require the khatadar to demolish the building.

If the khatadar undertakes to execute forthwith the works necessary to render the building fit for human habitation and the Commissioner considers that it can be so made fit, the Commissioner may postpone the execution of the decision of the standing committee, for such time not exceeding six months, as he thinks sufficient for the purpose of giving the khatadar an opportunity of executing the necessary works.

No person shall be entitled to compensation for any damages sustained by reason of any action taken by a Corporation authority in pursuance of its powers under this chapter.

CHAPTER-XXII URBAN HERITAGE