State Act

The Mumbai Municipal Corporation Act.

322. Streets not to be opened or broken up and building materials not to be deposited therein without permission.— (1) No person other than the Commissioner or a municipal officer or servant shall, without the written permission of the Commissioner or without other lawful authority,— (a) open, break up, displace, take up or make any alteration in, or cause any injury to, the soil or pavement, or any wall, fence, post, chain or other material or thing forming part of any street; or (b) deposit any building materials in any street; (c) set-up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards, or other things by way of enclosure, for the purpose of making mortar or depositing bricks lime, rubbish or other materials. (2) Any permission granted under clause (b) or clause (c) shall be terminable at the discretion of the Commissioner, on his giving not less than twenty-four hours written notice of the termination thereof to the person to whom such permission was granted. 1[(3) Except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application the Commissioner may without notice, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been deposited or set-up in any street without the permission or authority specified in sub-section (2), or which, have been deposited or set-up with such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).]