Section 308 in The Mumbai Municipal Corporation Act, 1888
308. Prohibition of projections upon streets.
(1)No person shall erect, set up or place against or in front of any premises any structure or fixture, which, will -(a)overhang, jut or project into, or in any way encroach upon, or obstruct the safe or convenient passage of the public along, any street, or(b)jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection of cleansing thereof.Power to require removal of the same.(2)The Commissioner may, by written notice, require the owner or occupier of any premises to remove any structure or fixture which has been erected, set up or placed against, or in front of, the said premises in contravention of this section [or of section 196] [These words and figures were inserted by Bombay 4 of 1888, Section 6.] of the [Bombay Municipal Act, 1872] [Bombay 3 of 1872 was repealed by Section 2 of this Act.], [or, of any provision of law in force on the day immediately preceding the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950] [These words, brackets and figures were inserted by Bombay 7 of 1950, Section 23.] [or any provision any law in force on the day immediately preceding the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956] [These words, brackets and figures were inserted by Bombay 58 of 1956, Section 16.] or to alter the same in such manner as the Commissioner thinks fit to direct.(3)If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the premises for all reasonable expenses incurred by him in complying with the said notice.
