Report No. 249

16. Shore Nuisances (Bombay and Kolaba) Act, Act 11 of 1853

Category: Maritime Law; Shipping and Inland Navigation

Recommendation: Repeal

The Act facilitated the removal of nuisances, obstructions and encroachments below high-water mark in the islands of Bombay and Kolaba for safe navigation in these harbours. The Collector was empowered, under this Act, to give notice for removal of any such nuisance from the sea-shore of the two islands.

This is one of the earliest laws concerning water pollution and was meant to regulate the waste materials discharged in the coastal areas of Bombay and Kolaba, from various industries working in close vicinity of these areas. The management of hazardous waste materials is now carried out under various rules framed under the Environment (Protection) Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974.

The purpose of this Act has been subsumed by later enactments. There is no evidence of this Act being in use. Hence, the Central Government should repeal this Act. This Act has also been recommended for repeal by the PC Jain Commission Report (Appendix A-5).