Section 117

If in any case in which a Magistrate’s Court has jurisdiction to make a nuisance order or a mandatory order, the Court is of the opinion that the matter complained of will be injurious or dangerous to health or safety and the immediate abatement or work sought to be done will not cause any injury which cannot be compensated for by damages, the Court may, by an ex parte order, authorise the Commissioner immediately to abate the nuisance or do the work sought to be done.

If the Commissioner so abates the nuisance and the application for a nuisance order or mandatory order is subsequently refused, the Commissioner shall pay the cost of such abatement or work and the damages, if any, sustained by any person thereby, but if the nuisance order or mandatory order is subsequently granted the Commissioner may recover the cost of the abatement or work as if it had been executed by him in pursuance of the power contained in section 55 or 115, as the case may be.[120