section 172
Setting back projecting buildings.
The Daman and Diu Municipalities Regulation 1994Infrastructure1994314 sections
Statutory text
- (1) If any part of the building projects beyond the regular line of a public street as prescribed under the last preceding section, the Council may - (a) (i) if the projecting part thereof is any structure external to the main building, then at any time; or (ii) if the projecting part is not an external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down. require by written notice either that the part or some portion of the part projecting beyond the said regular line shall be removed or that such building when rebuilt shall be set back to or towards the said regular line; (b) if the provisions of clause (a) do not apply and if in the opinion of the Council it is necessary to set back the building to the regular line of the public street require by written notice to show cause within such period as may be specified in such notice, why such projecting part shall not be pulled down and the land within the said line acquired by the Council. (2) If such owner fails to show sufficient cause to the satisfaction of the Council why such projecting part shall not be pulled down and the land within the said line acquired as aforesaid, the Council may require the owner by a written notice to pull down the projecting part. (3) The Council shall at once take possession of the portion of the land within the regular line of the public street theretofore occupied by the projecting part so removed or set back under clause (a) or (b) of sub-section (1) or sub-section (2) and such land shall thenceforward be deemed a part of the public street and shall vest as such in the Council. (4) If any land not vested in the Council, whether open or enclosed, lies within the regular line of a public street and is not occupied by a building other than a structure external to a main building, the Council, after giving the owner of the land not less than thirty clear days' written notice of its intention, or if the land is vested in the Government then with the permission in writing of the Collector, may take possession of the said land with its enclosing wall, hedge or fence, or such external structure, if any, and if necessary, clear the same, and the land so acquired shall thenceforward be deemed a part of the public street, and be vested in the Council. (5) Compensation, the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in section 315 shall be paid by the Council to the owner of any land added to a street under sub-section (3) or acquired under sub-section (4), for the value of the said land, and to the owner of any building for any loss, damage or expense incurred by such owner in consequence of any action taken by the Council under either of the said sub-sections: Provided that no such compensation shall be payable in respect of any building or portion thereof in respect of which a notice has been issued under sub-section (1) of section 198. (6) When the amount of compensation has been so ascertained and determined or when a ruinous or dangerous building falling under sub-section (1) has been taken down under the provisions of section 199, the Council may, after tendering the amount of compensation, if any, as may be payable take possession of the land so added to the street, and if necessary, may clear the same. (7) When no regular line of public street has been prescribed under section 171 in respect of any portion of a public street, if any part of a building projects beyond the front of the building on either side thereof, such projecting part shall be deemed to be within the regular line of the street and the provisions of this section shall mutatis mutandis apply to such part.
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