156. (1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157.
(3) A person who has, on being questioned by the Magistrate under
sub-section (1), failed to deny the existence of a public right of the
nature therein referred to, or who, having made such denial, has failed to
adduce reliable evidence in support thereof, shall not in the
subsequent proceedings be permitted to make any such denial.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 151 Protection against prosecution for acts done under sections 148, 149 and 150
Section 152 Conditional order for removal of nuisance
Section 153 Service or notification of order
Section 154 Person to whom order is addressed to obey or show cause
Section 155 Penalty for failure to comply with section 154
Section 156 Procedure where existence of public right is denied
Section 158 Power of Magistrate to direct local investigation and examination of an expert
Section 159 Power of Magistrate to furnish written instructions, etc
Section 160 Procedure on order being made absolute and consequences of disobedience