- If in the opinion of the
Municipality the working of any quarry or the removal of stone,
earth or other material from the soil in any place is dangerous to
persons residing in or having legal access to the neighbourhood
thereof or creates or is likely to create nuisance, the Municipality
may, by written notice, require the owner of the said quarry or
place, or the person responsible for such working or removal, not
to continue or permit the working of such quarry or the removing
of such material or to take such order with such quarry or place as
the Municipality shall direct for the purpose of preventing danger
or abating the nuisance arising or likely to arise therefrom:
Provided that, if such quarry or place is vested in the State
Government or if such working thereof or removal therefrom as
aforesaid is being carried on by or on behalf of the State
Government or any person acting with the permission or under
the authority of the State Government or of any officer of the State Government as such, the Municipality shall not take such
action unless and until the State Government has consented to its
so doing:
Provided further that the Municipality shall immediately
cause a proper hoarding or fence to be put up for the protection of
passengers near such quarry or place, if in any case referred to in
this section, it appears to it to be necessary in order to prevent
imminent danger, and any expense incurred by the Municipality in
taking action under this section shall be paid by such owner or
other persons as aforesaid and shall be recoverable as an arrear of
tax under this Act.
advertisement