Section 417 in The Bombay Provincial Municipal Corporations Act, 1949
417. Remedy of owner of building or land against occupier who prevents his complying with any provisions of this Act. - (1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any such rule, regulation or bye-law or with any requisition made under this Act or under any such rule, regulation or bye-law in respect of such building or land, the owner may, apply to the Judge.
(2)The Judge, on receipt of any such application, may make a written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition, or to vacate the premises temporarily if the said provision or requisition relates to any action under section 264, involving the safety or convenience of such occupier, and may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.(3)After eight days form the date of such order, it shall be incumbent on the said occupier to afford all such reasonable facilities to the owner for the purpose aforesaid or to vacate the premises temporarily as shall be prescribed in the said order; and in the event of his continued refusal so to do, the owner shall be discharged, during the continuance of such refusal, from any liability which he would otherwise incur by reason of his failure to comply with the said provision or requisition.(4)Nothing in this section shall affect the powers of the Commissioner under any provision of this Act to cause any premises to be vacated.
