Jan 24, 2018
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Section 133 : Conditional order for removal of nuisance

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Section 133 : Conditional order for removal of nuisance

Conditional order for removal of nuisance

1. Whenever

  1. a District Magistrate or
  2. a Sub-divisional Magistrate or
  3. any other Executive Magistrate

specially empowered in this behalf by the State Government. Such Magistrate on receiving the report of a police officer or other information and on taking such evidence (if any) as also he thinks fit, considers  that-

  1. any unlawful obstruction or nuisance should not allowed in any public place or from any way, river or channel which or may lawfully used by the public; or
  2. the conduct of any trade or occupation or the keeping of any goods or merchandise such is injurious to the health or physical comfort of the community. The consequence of such trade or occupation should also prohibited such goods or merchandise should removed or the keeping thereof regulated: or
  3. the construction of any building, or the disposal of any substance, which likely to cause occasion of conflagration or explosion. Such conflagration or explosion should also prevented or stopped; or
  4. any building, tent or structure, or condition of any tree such that its likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or person passing.  Therefore, removal, repair or support of such building, tent or structure, or the removal or support of such tree, becomes necessary; or
  5. any tank, well or excavation adjacent to any such way or public place, should fenced in such manner as to prevent danger arising to the public; or
  6. any dangerous animal should destroyed, confined or also otherwise disposed of,
    Such Magistrate may make a conditional order requiring the person causing such above mentioned things, within fixed time in the order to :

    1. remove such obstruction and also nuisance; or
    2. desist from carrying on, or to remove or regulate as may directed, such trade or occupation, or also  to remove such goods or merchandise. Or also to regulate the keeping thereof as may be directed; or
    3. to prevent or stop the construction of such building, or to alter the disposal of such substance; or
    4. to remove, repair or support such building, tent or structure, or to remove or support such trees; or
    5. to fence such tank, well or also excavation; or
    6. to destroy, confine or dispose of such dangerous animal in the manner provided in the said order;
      if he objects, to appear before himself or some other Executive Magistrate at a time and place fixed by order. He shall also show cause, in the manner hereinafter provided, why the order should not made absolute.

No order duly made by a Magistrate under this section shall be called in question in any civil Court.

Article Categories:
Criminal law

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