The Shore Nuisances (Bombay And Kolaba) Act, 1853

BRITISH INDIA
India

The Shore Nuisances (Bombay And Kolaba) Act, 1853

Act 11 of 1853

Published on 1 January 1853
Commenced on 1 January 1853
[This is the version of this document from 1 January 1853.]
[Note: The original publication document is not available and this content could not be verified.]

Central Government ActThe Shore Nuisances (Bombay And Kolaba) Act, 1853THE SHORE NUISANCES (BOMBAY AND KOLABA) ACT, 1853ACT NO. 11 OF 1853[ 15th July, 1853.]An Act to facilitate the removal of nuisances and encroachments belowhigh- water mark in the Islands of Bombay and Kolaba.Preamble.-- WHEREAS there is a large sea- shore in the islands ofBombay and Kolaba, and it is expedient, with a view to the safenavigation of the harbour of Bombay, and to the public interestsgenerally, to facilitate the removal of nuisances, obstructions andencroachments below high- water mark in the said harbour, or upon orabout the shores of the said islands; It is enacted as follows:-

1. Power to give notice to remove nuisance. Mode of giving notice. Contents. Form.-- It shall be lawful for the Collector of Land- revenue at Bombay to give notice requiring the removal of any nuisance, obstruction or encroachment anywhere below high- water mark in the said harbour of Bombay, or upon or about the shores of the said islands; such notice shall be given by affixing the same in some conspicuous place on or near to the encroachment, obstruction or nuisance complained of, and by publication thereof in the 2 [ Official Gazette], and shall state that, unless the nuisance, obstruction or encroachment be removed or abated within one month, the same will be removed or abated by the said Collector; such notice may be in the Form No. 1, in the Schedule to this Act annexed, or to the like effect.

2. Petition by person denying right to remove nuisance. Procedure thereupon.-- If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said Court may thereupon (on the petitioner' s giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such direction, and make such orders as the said Court may think just, and the said Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.

3. Onus of proving right.-- Upon the hearing of every such petition, the onus of proving the alleged right shall be on the petitioner.

4. Limitation of time for petition.-- No person shall be allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay.

1. Short title given by the Bombay Short Titles Act, 1921 (Bom. Act 2 of 1921 ). This Act, so far it relates to the removal of any obstruction, impediment or public nuisance affecting, or likely to affect the navigation of the port of Bombay, rep. by Act 22 of 1855, s. 2.

2. Subs. by the A. O. 1937, for" Bombay Govt. Gazette."

5. When Collector may cause removal of nuisance. Form of warrant. Indemnity.-- If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorized by warrant under his hand, and such warrant may be in the From No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment.

6. Power to sell materials of encroachment.-- The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any surplus shall remain, the same shall be forfeited, and be paid and applied in such manner as the¹ Central Government] shall direct.

7. Saving of rights of Government.-- Nothing in this Act shall prejudice or affect the rights of² the Government in any part of the said harbour, or of the sea- shore of the said lands, or preclude or interfere with any such proceedings, civil or criminal, for abating such nuisances and encroachments as aforesaid, as might have been had if this Act had not been passed.

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