(1)

The Commissioner may, by written notice, required the owner or occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, both or other structure or fixture, which it would be unlawful to erect or set up after section 312 comes into force, has been erected or set up before the said section comes into force [in the city or, in the suburbs, before the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 [or, as the case may be, in the extended suburb before the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956,] [These words, brackets and figures were inserted by Bombay 7 of 1950, Section 26.]] to remove the said wall, fence, rail, post, step, stall or other structure or thing.

(2)

But, if in any such case the structure or fixture shall have been lawfully erected or set up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.