Section 309 in The Mumbai Municipal Corporation Act, 1888
309. Power to require removal or alteration of structures, etc., in suburbs [and extended suburbs] [These words were added by Bombay 58 of 1956, Section 17(2).].
- [(1) If any such structure or fixture as is described in section 308 has been erected, set up or placed against, or in front or, any premises at any time-(a)before the first day of April 1901, in the case of premises situated in an area in the suburbs which immediately before the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950, [or in the case of premises situated in an area in the extended suburbs which immediately before the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956] constituted a municipal district or municipal borough;(b)before the date of the coming into operation of the [said Acts] [These words were substituted for the words said Act by Bombay 58 of 1956, Section 17(1)(ii).] in the case of premises situated in any area of the suburbs [or, as the case may be, the extended suburbs] [These words were inserted by Bombay 58 of 1956.] other than the area referred to in clause (a); and(c)before the Bombay Municipal Act, 1872, came into force, in the case of premises situated in the city;the Commissioner may give notice as aforesaid to the owner or occupier of the said premises.] [Sub-section (1) was substituted for the original by Bombay 7 of 1950, Section 24.](2)But, if in any such case the structure or fixture shall have been lawfully erected, set up or placed, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.
