Section 185 in The Gujarat Municipalities Act, 1963
185. Obstruction and encroachments upon public streets and, any open spaces.
(1)Whoever in any area after it has become a municipal borough,(a)shall have built or set up, or shall build or set up, any wall, or any fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing or other encroachment or obstruction, or(b)shall deposit or cause to be placed or deposited any box, bale, package or merchandise, or any other thing, in any public place or street or in or over or upon any open drain, gutter, sewer or aqueduct in such place or street shall be punished with fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which, such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.(2)The Chief Officer shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorised obstruction or encroachment of the like nature in any open space not being private property, whether such space is vested in the municipality or not; provided that if the space be vested in Government the permission of the Collector shall have first been 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.(3)Whoever, not being duly authorised in that behalf, removes earth, sand or other material from, or makes any encroachment in or upon any open space which is not private property, shall be punished with fine which may extend to two hundred rupees, and, in the case of encroachment, with further fine which may extend to twenty rupees for every day on which the encroachment continues after the date of first conviction for such offence.(4)Nothing contained in this section shall prevent the Chief Officer from allowing any temporary occupation of or erections in any public street on occasions of festivals and ceremonies, or the piling of fuel in by-streets and spaces for not more than ten days and in such manner as not to inconvenience the public or any individual from allowing the occupation of, or temporary erection of structures on, any such streets or spaces for any other purpose in accordance with bye laws made under the Act.(5)Nothing contained in this section shall apply to any projection duly authorized under sub-section (1) of section 176.
