Clause 146

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 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, such Court may, by an ex parte order, authorise the authority immediately to abate the nuisance or do the work sought to be done.

If the authority so abates the nuisance and the application for a nuisance order or mandatory order is subsequently refused, it 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 authority may recover the cost of the abatement or work as if it had been executed by it in pursuance of the power contained in section 108 or 144 of this Ordinance, as the case may be.