Power to require removal of any structure or fixture erected or set up before section 312 came into force

(1) The Commissioner may, by written notice, require the owner or occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture, which it would be unlawful to erect or set up after section 312 comes into force, has been erected or set up before the said section comes into force

7[in the city or in, the suburbs, before the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)]

8[or, as the case may be, in the extended suburbs before the date of coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] to remove the said wall, fence, rail, post, step, stall or other structure or thing.

1. (2) But, if in any such case the structure or fixture shall have been lawfully erected or set up, compensation, shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof. This section was inserted by Bom. 5 of 1938, s. 37. This marginal note was substituted for the original by Bom. 26 of 1956, s. 2(2). These words, brackets and figures were inserted by Bom. 7 of 1950, s. 25. These words, brackets and figures were inserted by Bom. 58 of 1956, s. 18. Clause (c) was inserted by Bom. 26 of 1956, s. 2(1). Clause (d) was added by Mah. 11 of 2002, s. 23. These words, brackets and figures were inserted by Bom. 7 of 1950, s. 26. These words, brackets and figures were inserted by Bom. 58 of 1956, s. 19.

1888 : III] The Mumbai Municipal Corporation Act 255