Section 496 in Uttar Pradesh Municipal Corporation Act, 1959
496. Complaint concerning nuisances.
(1)Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by Sections 231, 232, 249, 250, 251, 310 or 385 more than the least practicable nuisance has been created.(2)Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit, direct the Municipal Commissioner-(a)to put in force any of the provisions of this Act or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;(b)to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.(3)Subject to the provisions of Section 497 it shall be incumbent on the Municipal Commissioner to obey every such order.(4)Nothing in this Act contained shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by Sections 231, 232, 249, 250, 251, 310 or 385 to recover the damages for the same.
