Projections from houses to be removed

Projections from houses to be removed-

1. (1) The Board may issue a notice requiring the owner or occupier of any house to remove or alter any protection, obstruction or encroachment erected or placed against or in front, of such house, if the same overhangs the public roads or just into, or in any way projects or encroaches upon, or an obstruction to the safe and convenient passage along any public road or house-gully, or obstructs, or projects, or encroaches into or upon any drain, sewer, or aqueduct in any public road or into or upon any public water-course or ghat or any land vested in the Board.
2. (2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the same or within such further time as the Board may allow, the Magistrate may on the application of the Board, order that such projection, obstruction or, encroachment be removed or altered; and thereupon the Board may remove or alter such projections, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be paid by the defaulting owner or occupier.
3. (3) If the expense of removing or altering any such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitles to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.
4. (4) The expenses incurred for removal under Section 159 and sub-section (2) of this section shall unless paid by the owner or the occupier be recovered by sale of the materials so removed. If the sale, proceeds do not cover the expenses, the portion not so covered shall be realized, in case of Section 159 from the person who erected the same and in case of sub-section (2) of this section from the owner or the occupier, as arrears of municipal tax. The surplus of sale proceeds, if any, shall be credited to the municipal fund.