State Act

The Mumbai Municipal Corporation Act.

309. Power to require removal or alteration of structures etc., in suburbs 5[and extended suburbs].— 6[(1) If any structure or fixture as is described in section 308 has been erected, set up or placed against, or in front of, 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 (Bom. VII of 1950) 7[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 (Bom. LVIII of 1956)] constituted a municipal district or municipal borough; (b) before the date of the coming into operation of the 8[said Acts] in the case of premises situated in any area of the suburbs 9[or, as the case may be, the extended suburbs] other than the area referred to in clause (a); and (c) before the Bombay Municipal Act, 1872 (Bom. III of 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.] (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.