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State of Arunachal Pradesh - Section

Section 429 in Arunachal Pradesh Municipal Act, 2007

429. Complaint regarding nuisance and removal thereof.

(1)The Chief Municipal Executive Officer/ Municipal 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 any 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 appears to the Municipal Magistrate to be practicable and reasonable and may direct the Chief Municipal Executive Officer/Municipal 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 prosecution 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 may consider 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 Chief Municipal Executive Officer/ Municipal 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.