117. In case of urgency, order may be made ex parte
Feedback & supportIf 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.
nuisance
“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;
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
Commissioner
“Commissioner” means the Commissioner of Public Health appointed under section 3 and includes a Deputy Commissioner of Public Health and an Assistant Commissioner of Public Health appointed under that section;