Factory residential area main lagana juram hai.

Factory in residential area

Residential areas main factory mill bhata lagana juram hai. Jiss ke khalaf karwai under section 133 crpc magistrate ki court kare gi.

2000-YLR-1436

CHAPTER X 

PUBLIC NUISANCES 

133. Conditional order for removal of nuisance: (1) Whenever a [Magistrate of the First 

Class] considers, on receiving a police-report or other information and on taking 

such evidence (if any) as he thinks fit, that any unlawful obstruction or nuisance should be 

removed from any way, river or channel which is or may be lawfully used by the public, 

or from any public place, or 

that the conduct of any trade or occupation, or the keeping of any goods or merchandise, 

is injurious to the health or physical comfort of the community, and: that in consequence of 

such trade or occupation should be prohibited or regulated or such goods or merchandise 

should be removed or the keeping thereof regulated, or 

that the construction of any building, or the disposal of any substance, as is likely to 

occasion conflagration or explosion, should be prevented or stopped, or 

that any building, tent or structure, or any tree is in such a condition that it is likely to fait 

and thereby cause injury to persons living or carrying on business in the neighbourhood or 

passing by, and that in consequence the removal, repair or support of such building, tent 

or structure, or the removal or support of such tree, is necessary, or 

that any tank, well or excavation adjacent to any such way or public place should be 

fenced in such manner as to prevent danger arising to the public, or 

that any dangerous animal should be destroyed, confined or otherwise disposed of, 

such Magistrate may make a conditional order requiring the person causing-such 

obstruction or nuisance or carrying on such trade or occupation, or keeping any such 

goods or merchandise, or owning, possessing or controlling such building, tent, structure, 

substance, tank, well or excavation, or owning or possessing such animal or tree, within a 

time to be fixed in the order, 

to remove such obstruction or nuisance; or 

to desist from carrying on, or to remove or regulate in such manner as maybe directed, 

such trade or occupation, or 

to remove such goods or merchandise, to regulate the keeping thereof in such manner as 

may be directed; or 

to prevent or stop the erection of, or to remove, repair or support, such building, tent or 

structure; or 

to remove or support such tree, or to alter the disposal of such substance; or 

to fence such tank, well or excavation, as the case may be; or . 

to destroy, confine or dispose of such dangerous animal in the manner provided in the 

said order; 

or, if he objects so to do, 

to appear before himself or some other [Magistrate of the First Class] or Second Class, at 

a time and place to be fixed by the order, and move to have the order set aside or 

modified in the manner hereinafter provided. 

(2) No order duty made by a Magistrate under this section shall be called in question in 

any Civil Court. 

Explanation : A "public place" includes also property belonging to the State, camping 

grounds and grounds left unoccupied for sanitary or recreative purposes

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