Section 53 in The Maharashtra Village Panchayats Act, 1959
53. Obstructions and encroachments upon public streets and open sites.
(1)Whoever, within the limits of the village:-(a)builds or sets up any wall, or any fence, rail, post, stall, verandah, platform, plinth, step or structure or thing or any other encroachment or obstruction, or(b)deposits, or causes to be placed or deposited, any box, bale, package or merchandise or any other thing, or(c)without written permission given to the owner or occupier of a building by a panchayat, puts up, so as to protect from an upper storey thereof, any verandah, balcony, room or other structure or thing.in or over any public street or place, or in or over upon any open drains, gutter, sewer or aqueduct in such street or place, or contravences any conditions, subject to which any permission as aforesaid is given or the provisions of any by-law made in relation to any such projections or cultivates or makes any unauthorised use of any grazing land, not being private property, shall, on conviction, be punished with fine, which may extend to fifty rupees and with further fine which may extend to five rupees for every day on which such obstruction, deposit, projection, cultivation or unauthorized use continues after the date of first conviction for such offence.(2)The panchayat shall have power to remove any such obstruction or encroachment and to remove any crop unauthorisedly cultivated on grazing land or any other land, not being private property, and shall have the like power to remove any unauthorized obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the panchayat or not, provided that if the site be vested in Government the permission of the Collector or any officer authorized by him in this behalf shall have been first obtained. The expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX [It shall be the duty of the panchayat to remove such obstruction or encroachment immediately after it is noticed or brought to its notice, by following the procedure mentioned above.] [This portion was added by Maharashtra 38 of 2006, Section 8(a) (w.e.f. 21.12.2006).](2A)[ If any panchayat fails to take action under sub-section 2 [* * *] [Sub-section (2A) was inserted by Maharashtra 34 of 1970, section 10(1).] the Collector suo motu or on an application made in this behalf, may take action as [provided in that sub-section, and submit the report thereof to the Commissioner] [Tnese words were substituted for the words 'provided in that sub-section' by Maharashtra 38 of 2006, Section 8(b)(ii) (w e.f. 21.12.2006).]. The expense of such removal shall be paid by the person who has caused the said obstruction or encroachment or unauthorised cultivation of the crop and shall be recoverable from such person as an arrear of land revenue.](3)The power under [sub-section (2) or sub-section (2A)] [These words brackets, figures and letter were substituted for the word, bracket and figure 'sub-section (2)', by Maharashtra 34 of 1970, Section 10(2)(a).] may be exercised in respect of any obstruction, encroachment or [unauthorised cultivation of any crop] [These words were substituted for the words 'or projection' by Maharashtra 34 of 1970, Section 10(2)(b).] referred to therein whether or not such obstruction, encroachment or [unauthorised cultivation of any crop] [These words were substituted for the words 'or projection' by Maharashtra 34 of 1970, Section 10(2)(b).] has been made before or after the village is declared as such under this Act, or before or after the property is vested in the panchayat.(3A)[ Any person aggrieved by the exercise of the powers by the panchayat under sub-section (2) or (3) may, within thirty days from the date of exercise of such powers, [appeal to the Commissioner and the Commissioner, after making such enquiry as he thinks necessary, shall pass such orders as he deems necessary] [This sub-section was inserted by Maharashtra 36 of 1965, Section 28.] after giving such person a reasonable opportunity of being heard.](3B)[ Any order made by the Collector in exercise of powers conferred on him under sub-section (2A) or (3) shall be subject to appeal and revision in accordance with the provisions of the Maharashtra Land Revenue Code, 1966.] [Sub-section (3B) was inserted by Maharashtra 34 of 1970, Section 10(3).](4)Whoever, not being duly authorised in that behalf removes earth, sand or other material from, or makes any encroachment in or upon an open site which is not private property, shall, on conviction, be punished with fine which may extend to fifty rupees, and in the case of an encroachment, with further fine, which may extend to five rupees for every day on which the encroachment continues after the date of first conviction.(5)Nothing contained in this section shall prevent the panchayat, from allowing any temporary occupation of, or erection in, any public street on occasions of festivals and ceremonies, or the pilling of fuel in by-lanes and sites for not more than seven days, and in such manner as not to inconvenience the public or any individual or from allowing any temporary erection on, or putting projection over, or temporary occupation of, any such public street or place for any other purpose in accordance with the by-laws made under this Act.
