CourtMesh

Section 25: Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting

Uttar Pradesh Fire And Emergency Service ActState Act of Uttar Pradesh · Act 16 of 2022

25. (1) Where a notification has been issued under section 23 and section 24, it shall be lawful for the Director, Fire and Emergency Services to direct the removal of encroachments or goods likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or Fire Officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter:

Provided that where the Director, Fire and Emergency Services considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachment or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly.

(2) On receipt of a report under sub-section (1), the Sub-Divisional Magistrate shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting.

(3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the SubDivisional Magistrate may make an order to seize, detain or remove such encroachments or objects or goods as per prescribed rules.

(4) The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice.

(5) On the failure of the person in whose possessions the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under subsection (4), the Sub-Divisional Magistrate shall sell them accordingly by public auction.

Where this provision sits

ActUttar Pradesh Fire And Emergency Service Act
Section25
Marginal noteRemoval of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Uttar Pradesh Fire And Emergency Service Act is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.