Shore Nuisances (Bombay and Kolaba) Act,1853
Act No : 11
Section :
Petition by person denying right to remove nuisance.
2. Petition by person denying right to remove nuisance. If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said (Procedure thereupon.) Court may thereupon (on the petitioner's giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such directions, and make such orders as the said Court --------------------------------------------------------------------- 1 Short title given by the Bombay Short Titles Act, 1921 (Bom. Act 2 of 1921). This Act, so far as it relates to the removal of any obstruction, impediment or public nuisance affecting, or likely to affect the navigation of the port of Bombay, rep. by Act 22 of 1855, s. 2. 2 Subs. by the A. O. 1937, for "Bombay Govt. Gazette". 28 may think just, and the said Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.
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