Section 431 in The Bombay Provincial Municipal Corporations Act, 1949
431. Complaint concerning nuisances. - (1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by sections 156, 157, 176, 177, 249 or 292 more than the least practicable nuisance has been created.
(2)Upon receipt of any such complaint, the Magistrate after making such inquiry as he thinks necessary may, if he sees fit, direct the Commissioner,-(a)to put in force any of the provisions of this Act or of any rule, regulations or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;(b)to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.(3)Subject to the provisions of section 432 it shall be incumbent on the Commissioner to obey every such order.(4)Nothing in this Act contained shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 156. 157, 175, 176, 177, 249 or 292 to recover damages for the same.
