184. Removal of encroachments over public streets, etc.
(1)The Board of Councilors -(a)may, without notice, itself or by any officer authorized by it in writing in this behalf, remove, alter or otherwise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform of other projection, obstruction or encroachment which has, without first obtaining its written permission, been erected or set up in, over, above or upon any public street, house-gully, sewer, drain, aquaduct, water-course or ghat ;(b)may, itself or by any officer authorized by it in writing in this behalf, remove without notice any materials or goods or any movable property which has, without its permission. been deposited in a public street or in, over, above, or upon any house-gully or any public sewer, drain, aquaduct, water-course or ghat, or which remains so deposited, when the period covered by any permission given in this behalf has expired, whether or not the offender is prosecuted under this Act or the rules or the regulations made thereunder [***] [Words 'and the offender shall be liable to pay the expenses of such removal which shall be recoverable as an arrear of tax under this Act.' omitted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994.].(1A)[ Any expenditure incurred for the removal of any projection, obstruction or encroachment referred to in sub-section (1) shall be recovered as an arrear of tax under this Act from the person who erects or sets up such projection, obstruction or encroachment] [Inserted by ibid, w.e.f. 13.7.1994.].(2)If the person, who erects or sets up any of the projections obstructions or encroachments referred to in sub-section (1), is not known or cannot be found, the Board of Councilors may cause a notice to be posted up in the neighbourhood of the said projection, obstruction or encroachment, requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition.(3)No person shall be entitled to any compensation in respect of the removal of any projection, obstruction or encroachment under this section. If the expenses of removing or altering any such projection, obstruction or encroachment are paid by the occupier of the building in any case in which such projection, obstruction or encroachment was not erected or set up by himself, he shall be entitled to deduct from the rent payable by him to the owner of the building any reasonable expense incurred for such removal or alteration.
