521. Complaint regarding nuisance and removal thereof.
(1)The Municipal Commissioner or the Executive Officer or any other officer of the municipality authorized by him in this behalf, in writing, or any person who resides or owns property in the municipal area, may complain of the existence of any nuisance to a Municipal Magistrate.(2)Upon receipt of such complaint, the Municipal Magistrate, after making such inquiry as he considers necessary, may, if he thinks fit, by an order, in writing, -(a)direct the person responsible for such nuisance or the owner of the land or the building on which such nuisance exists, to take, within such period as may be specified in the order, such measures for abating, preventing, removing or remedying such nuisance as may appear to the Municipal Magistrate to be practicable and reasonable, and may direct the Municipal Commissioner or the Executive Officer to enforce any of the provisions of this Act or the rules or the regulations made thereunder for prevention of such nuisance, and(b)further direct the person held responsible for the nuisance to pay to the complainant such reasonable cost of the complaint (including compensation for loss of time in prosecuting such complaint) as the Municipal Magistrate may determine :Provided that where, in the opinion of the Municipal Magistrate, immediate action to prevent the nuisance is necessary, he may dispense with the inquiry and make forthwith such order as he considers necessary.(3)If any person responsible for any nuisance or any owner of any land or building on which any nuisance exists fails to comply with any order under sub-section (2) within the period specified in the order, the Municipal Commissioner or the Executive Officer may, on the expiry of such period, proceed to take necessary action in accordance with the order, or may take such other measures to abate, prevent, remove or remedy the nuisance as he may consider necessary, and the cost of any such action shall be recovered from such person or such owner, as the case may be.
