PUBLIC NUISANCE Whenever a Magistrate considers on receiving a report or other information and on taking such evidence (if any) as he thinks fit - (a) that any unlawful obstruction or nuisance should be removed from any way, harbour, lake, river, or channel which is or may be lawfully used by the public or from any public place; or (b) that any trade or occupation or the keeping of any goods or merchandise should by reason of its being injurious to the health or physical comfort of the community be suppressed or removed or prohibited; or (c) that the construction of any building or the disposal of any substance should as being likely to occasion conflagration or explosion be prevented or stopped; or (d) that any building or tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by and that in consequence its removal, repair, or support is necessary; or (e) that any tank, well, or excavation adjacent to any such way or public place should be fenced in such a manner as to prevent danger arising to the public, such Magistrate may make a conditional order requiring that 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, substance, tree, tank, well or excavation shall within a time to be fixed by such order - (i) remove such obstruction or nuisance; or (ii) suppress or remove such trade or occupation; or (iii) remove such goods or merchandise; or (iv) prevent or stop the construction of such building; or (v) remove, repair, or support it; or (vi) alter the disposal of such substance; or (vii) remove such tree; or (viii) fence such tank, well. Or excavation as the case maybe. (2) Any person against whom a conditional order has been made under subsection (1) may appear before the Magistrate making that order or any other Magistrate of that court before the expiration of the time fixed by that order and move to have the order set aside or modified in manner hereinafter provided. (3) Any order duly made under this section shall not be called in question in any civil court. (4) For the purpose of this section a " public place *' includes also property belonging to the State or a corporation or vested in any public officer or department of State for public purposes and ground left unoccupied for- sanitary or recreative purposes.

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