Section 490 in The Mumbai Municipal Corporation Act, 1888
490. Recovery of expenses of removals by the Commissioner under sections 314, 315, 354 and 380.
(1)The expenses incurred by the Commissioner in effecting any removal under section 314 [or sub-section (3) of section 322] [These figures, brackets and words were inserted by Bombay 6 of 1913, Section 12.] [or sub-section (2) or (3) of section 354A] [These words, brackets, figures and letters were inserted by Maharashtra 10 of 1998, Section 240(a).] or in the event of a written notice issued under sub-section (1) of section 315 of section 354 or 380 not being complied with, under section 489, shall be recoverable by sale of the materials, removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.(2)3ut, if the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof.(3)If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit [if perishable forthwith, and if other than perishable,] [These words were inserted by Bombay 19 of 1930, Section 19.] as soon as conveniently may be after one month from the date of their removal, whether the expenses of the removal have in the meantime been paid or not and the proceeds, if any, of the sale or other disposal, shall, after defraying therefrom the costs of the sale or other disposal, and, if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the corporation.(4)[ Notwithstanding anything contained in this Act, when the removal of anything is effected under section 314, the Commissioner may direct that the owner thereof shall, in addition to the expenses incurred in effecting the removal of the thing, pay by way of penalty such sum not exceeding [ten thousand rupees] [Sub-section (4) was added by Maharashtra 51 of 1975, Section 19.] as the Commissioner may specify, and such sum if not paid, shall be recoverable in the same manner in which the expenses incurred in effecting the removal of the thing are recoverable.]Recovery of expenses by the Commissioner [and the General Manager.] [These words were added by Bombay 48 of 1948, Section 50(i).]
