State Act

The Mumbai Municipal Corporation Act.

377. Neglected premises.— (1) If it shall appear to the Commissioner that any premises are over-grown with rank and noisome vegetation or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, are resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighbouring inhabitants, the Commissioner may, by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same, or with the approval of the 4[Standing Committee], may require him to take such other order with the same as the Commissioner thinks necessary. 5[(1-A) Neglected private streets.— If it shall appear to the Commissioner that any private street is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition, the Commissioner may by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to cleanse or clear the same, or with the approval of the 6[Standing Committee] require them to take such other order with the same as the Commissioner may think necessary: Provided that nothing herein contained shall affect the provision of section 365.] (2) Provided that in so far as the unwholesome or filthy condition of such premises 7[or such street] or such nuisance as abovementioned is caused by the discharge from or by any defect in the municipal drains or appliances connected therewith, it shall be incumbent on the Commissioner to cleanse such premises 1[or such street.]