118Projections from buildings to be removed

(1) The Nagar Panchayat or as the case may be, the Council may issue a notice requiring the owner or occupier of any building to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such building, if the same overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public road or house-gully, or obstructs, or projects or encroaches into or upon any drain, sewer or aqueduct in any public road or into or upon any public water-course or ghat or any land in the Nagar Panchayat or the Council, as the case may be.

(2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the notice, or within such further time as the Nagar Panchayat or the Council may allow the Sub-Divisional Magistrate may, on the application of Nagar Panchayat or of the Council, order that such projection, obstruction or encroachment be removed or altered; and thereupon the Nagar Panchayat or the Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or occupier.

(3) If the expense of removing or altering any such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.