Chapter XI Chapter XI

Powers in respect of public streets. (1) It shall be lawful for a Council— (a) to lay out and make new public streets, including tunnels, bridges, sub-ways and other works subsidiary to public streets; (b) to widen, open, extend or otherwise improve any public street or any work subsidiary to a public street; (c) to divert, or close temporarily any public street; (d) subject to the provisions of sub-section (2), to close any public street permanently. (2) Before any resolution to close any public street permanently is passed by the Council, the Chief Officer shall, by a notice put up in the street which is proposed to be closed permanently and also on the notice board in the municipal office, declare the intention of the Council to close the street permanently. The Council shall consider all objections to the said proposal made in writing and delivered at the municipal office within one month from the date of the publication of the notice under this sub-section before passing a resolution so to close the street permanently. (3) In laying out, making, turning, diverting, widening, opening, extending or otherwise improving any public street, in addition to the land required for the carriage-way and foot-ways and drains thereof, the Council may acquire the land required for the construction of buildings to form the said street, and subject to the provisions of section 88 may sell and dispose of such additional land in perpetuity or on lease for a term of years, with such stipulations as to the class and description of buildings to be erected thereon as it may think fit.

(1) The Council may, at any time, by notice fixed up in any street or part of a street which is not a public street, give intimation of its intention to declare the same to be a public street, and unless within one month next after such notice has been so put up, the owner, or if there are more than one owner, the owners of the greater portion of such street or of such part of a street lodges or lodge objections thereto at the municipal office, the Council may, by notice in writing put up in such street, or such part, declare the same to be a public street. (2) If such owner or owners object to the proposal under sub-section (1), the Council may, after cosidering such objections and with the previous sanction of the Collector, declare such street to be a public street, and the owner or owners so objecting shall be entitled to compensation determined in the manner provided in section 315. (3) Every such street which becomes a public street under this section shall vest in the Council.

Power to require repair, etc., of private streets and to declare them as public streets. (1) Where a Council considers that in any street not being a public street, or in any part thereof, within the municipal area, it is necessary for the public health, convenience or safety that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the Council may by written notice require the respective owners of the lands or buildings fronting, adjoining, or abutting upon such street or part, thereof, to carry out such work in a manner and within a time to be specified in such notice. (2) After such work has been carried out by such owners, or as provided in section 313 by the Council at the expense of such owners, and if all land revenue payable to the Government in respect of the land comprised in such street or part thereof has been paid, by such owners, the Council may, and on the joint requisition of the owners of such street or of the greater portion of such street, shall, under the provisions of section 169 and in the manner prescribed in that section, declare such street to be a public street, and such street shall thereafter vest in the Council. (3) If the notice under sub-section (1) is not complied with and such work is executed by the Council as provided in section 313, the expenses thereby incurred shall be apportioned by the Council between such owners in such manner as it may think fit regard being had to the amount and value of any work already done by the owners or occupiers of any such lands or buildings.

(1) The Chief Officer shall, subject to the approval of the Council, prescribe a line on each side of every public street within the municipal area. (2) The Chief Officer shall give a public notice of the proposal to prescribe such line for any street and shall also put up a special notice thereof in the street for which such line is proposed to be prescribed. The Council shall, before approving the line of the street, consider all objections or suggestions in respect of the said proposal made in writing and delivered at the municipal office within one month from the date of the publication of the notice under this sub-section. (3) The line for the time being so prescribed shall be called “the regular line of the public street”. (4) The Chief Officer may from time to time in the manner laid down in sub-sections (1) and (2) prescribe a revised line in substitution of any regular line of street already prescribed and any reference in this Act to the regular line of the public street shall be deemed to include a reference to such revised Line. (5) No resolution approving a regular line of a public street under sub-section (1) or approving a revised line under sub-section (4) shall be passed by the Council if such line or revised line has the effect of reducing the width of the street or shifting any such line towards the centre of the street, without the previous sanction of the Collector. (6) (a) Except under the provisions of section 175, no person shall construct or reconstruct any portion of any building within the regular line of a public street or within such distance behind the regular line of the public street as may be prescribed by bye-laws, without the permission of the Chief Officer; (b) Where the Chief Officer refuses permission to construct or reconstruct any building in any area within the regular line of the public street, such area shall, with the approval of the Council, be added to the street and shall henceforth be deemed part of the public street and shall be vested in the Council; (c) 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 clause (b) 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 or order passed by the Chief Officer under this sub-section: 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 190.

Setting back projecting buildings. (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-section: 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 190. (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 190, 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 projests 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.

(1) If any building adjoining a public street is in rear of the regular line of such street,— (a) the Council may, upon such terms as it thinks fit, permit it to be set forward for the purpose of improving the line of the street; and (b) whenever it is proposed to rebuild such building or to alter or repair such building in any manner that will involve the removal or re-erection of such building or of the greater portion thereof which adjoins the said street, the Council may, in granting any permission for such work, require such building to be set forward for improving the line of the street. (2) If the land which will be included in the premises of any person permitted or required to set forward a building under sub-section (1) belongs to the Council, the permission or the requisition of the Council so to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Council by the said owner for such land and other terms and conditions of the conveyance shall be set forth in the said permission or the requisition, as the case may be. (3) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed to be a sufficient compliance with a permission or requisition so to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Council is erected along the said line.

Surface projections, obstructions and encroachments in respect of public streets. (1) No person shall, except with the written permission of the Chief Officer under sub-section (4),— (a) build or set up, any fence, rail, post, stall, platform or any projecting structure or thing, or make any other encroachment or obstruction, (b) place or deposit or cause to be placed or deposited any box, bale, package or merchandise or any other thing, in any public street or upon any drain, gutter, sewer or aqueduct in such street. (2) Whoever contravenes any provision of sub-section (1), shall, unless the provisions of clause (a) of sub-section (6) of section 171 apply, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of a continuing contravention with further fine which may extend to one hundred rupees for every day after the first during which such contravention continues. (3) The Chief Officer shall have power to remove without notice any such projection, obstruction or encroachment,— (i) made in contravention of sub-section (1) or contrary in any manner to any permission granted under sub-section (4); or (ii) in respect of which the period specified in the permission under sub-section (4), has expired. (4) Subject to the provisions of the bye-laws, if any, the Chief Officer may allow any temporary occupation of' or erections in any public street— (i) on occasions of festivals and ceremonies in such manner as not to inconvenience the public or any individual; (ii) for depositing timber, bricks, or other material that has been or is intended to be used for building purposes; (iii) for any other purpose specified in the bye-laws. (5) Permission granted under sub-section (1) or (4) shall be terminable at the discretion of the Chief Officer on his giving not less than twenty four hours’ written notice to the person to whom such permission was granted. Such notice shall state the reasons for such action. (6) Every person to whom any permission is granted under sub-section (1) or (4) shall, at his own expense, cause the place where he has set up any erection or deposited any- thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accident, shall cause such place to be well lighted during the night. (7) Every person to whom any permission is granted under sub-section (1) or (4) shall immediately after the removal of the erection made or thing placed or deposited restore and make good the street to the satisfaction of the Chief Officer. (8) Whoever contravenes the conditions of any permission granted under sub-section (4), or fails to comply with the provisions of sub-section (6) or (7), shall, on conviction, be punished with fine which may extend Five thousand rupees, and in the case of continuing contravention with further fine which may extend to one hundred rupees for every day after the first during which such contravention continues.

Prohibition of projections other than surface projections upon streets, etc. (1) Except as provided in sub-section (2), no person shall erect, set up, add to or place against or in front of any premises any structure or fixture which will— (1) No person shall, except with the permission of the Council under sub-section (2), erect or set up any structure, fixture or other encroachement on or over any public street or place, the erection or setting up of which is prohibited by this Act or the bye-laws made thereunder, or which— (a) overhang, jut or project into or over, or obstruct in any way the safe or convenient passage of the public along any public street; or (b) jut or project into or over any drain or open channel in any public street or interfere with the use of proper working of such drain or channel or to impede the inspection or cleansing thereof. (2) The Council may, subject to any bye-laws made in this behalf, give written permission to the owner or occupier of any building in a public street to put up verandahs, balconies or rooms projecting from any upper storey of such building, or roofs, caves, weatherboards, and similar projections, to an extent not exceeding four feet beyond the line of the plinth or basement wall of the building. (3) Permission granted under sub-section (2) may be permanent or for such period at a time as may be specified in writing when such permission is granted. (4) Notwithstanding any proceedings which may be taken under sub-section (7), the Council may, by written notice, require the owner or the occupier of any such building to remove or alter any such projection, or obstruction— (i) which has been constructed or made whether with or without or contrary in any manner to the permission granted under sub-section (2) ; (ii) which has been constructed or made contrary to the provision of any law for the time being in force if such projection or obstruction was constructed or made before the appointed day; (iii) when the period for which the permission under sub-section (2) was granted has expired. (5) The Council may also after giving opportunity to the owner or occupier of a building of making representation require him by notice to remove or alter any projection or obstruction constructed or made to which sub-section (4) does not apply: Provided that the Council shall make reasonable compensation to every person who suffers damage by such removal or alteration under this sub-section. (6) If occupier of any building removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the building for all reasonable expenses incurred by him in complying with the said notice. (7) Any such owner or occupier putting up any projection or obstruction without the permission of the Council under sub-section (2), or in contravention of such permission or any owner or occupier who fails to remove any projection, encroachment or obstruction after the receipt of a notice from the Council under sub-section (4) or (5) shall, on conviction, be punished with fine which may extend to Rs. 5,000 and in the case of a continuing offence with further fine which may extend to twenty rupees for every day after the first during which such offence continues.

Projections, encroachments, etc. in public places and open spaces whether vesting in Council or not. (1) The provisions of section 175 shall mutatis mutandis apply to any public place or any open space, vesting in the Council or not. (2) The provisions of sub-sections (2) and (3) of section 175 shall apply to any public place or any open space which is not a private property and which does not vest in the Council: Provided that, if such public place or open space is vested in Government, the permission of the Collector shall first be obtained. (3) Whoever not being duly authorised in that behalf, removes earth, sand or other material from, or makes any encroachment in or upon, any open space which is not a private property, shall, on conviction, be punished with fine which may extend to Rs. 5,000, and in the case of continuing offence with further fine which may extend to Rs. 100 for every day after the first during which such offence continues.

Power to require boundary walls, hedges, etc., to be constructed or removed. The Council may, by notice, require the owner or occupier of any land abutting on any public street:— (a) to remove partially or wholly from the land any boundary wall, hedge, or other fence which is, in its opinion, likely to obstruct or cause a hindrance to traffic or is otherwise objectionable; (b) to construct on the land sufficient boundary walls, hedges or other fences of such material, description and dimensions as may be specified in the notice; (c) to maintain the boundary walls, hedges or other fences on the land in good order; (d) to cut or trim trees growing on the land and overhanging the street and obstructing the traffic or causing danger to such traffic.

New private streets. (1) Every person intending to lay out or make a new street shall give notice thereof in writing to the Chief Officer and shall furnish along with such notice plans and sections showing:— (a) the intended level, direction and width of the street; (b) the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street; (c) the position of any public street or streets which the new street may have an access to; (d) the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining, lighting, or cleansing of the street; and shall also furnish such other particulars as may be required by the bye-laws, if any, made in this behalf. (2) If such person fails to furnish all the information and documents required by sub-section (1), or if the Council deems it necessary to call for any further information or documents, the Chief Officer may, within thirty days of the receipt of the said notice, by a written notice require such person to furnish the required information or documents. (3) Within sixty days after the receipt by the Chief Officer of the notice and the information and documents specified in sub-section (1), or if any further information or documents have been called for under sub-section (2), then within sixty days of the receipt of such further information and documents, the Council may— (a) sanction the laying out or making of the new street subject to such modifications or conditions as it may think fit; or (b) disallow it for reasons which shall be communicated to the applicant in writing. (4) If the Council fails to issue any order under sub-section (3) within the period specified in that sub-section, the person giving notice shall be entitled to lay out and make the proposed street in such manner as may have been specified in the notice under sub-section (1) and as is not inconsistent with any provision of this Act or of any bye-law for the time being in force thereunder. (5) If any person who is entitled to proceed with any work under sub-section (3) or (4) fails to carry out such work within one year from the date on which he becomes so entitled, his right to proceed with such work shall lapse. (6) Whoever lays out or makes any such street either without giving the notice required by sub-section (1) or otherwise than in accordance with the instructions issued by the Council under clause (a) of sub-section (3), or in any manner contrary to the provisions of this Act, or of any bye-laws in force thereunder shall, on conviction, be punished with fine which may extend to Rs. 5,000, and the Council may cause any street so laid out or made, to be altered and any building constructed in such street to be altered or removed and the expense thereby incurred shall be paid to the Council by the offender, and shall be recoverable in the same manner as an amount due on account of a property tax. (7) Save as otherwise provided by or under this Act, the provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of public streets and the height of buildings abutting thereon, shall apply also in the case of new private streets referred to in sub-section (1); and all particulars referred to in that sub-section shall be subject to the approval by the Council.

The Council may, by notice, require the owner of any building or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying the water from the building or land and for discharging the same so as not to cause any damage to the street or inconvenience to persons passing along the street.

(1) The Council may— (a) give a name or a number to every public street; (b) cause to be put up or painted on a conpicuous part of any building, wall or any other place at or near each end or corner of or entrance to a public street, the name or the number by which such street is to be known; (c) determine the number or sub-number by which any premises or part thereof shall be known; and may by written notice require the owner of any premises or part thereof either to put up a metal plate showing the number or sub-number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice or to signify in writing his desire that such work shall be executed under the orders of the Council. (2) Any person who destroys, pulls down or defaces any such name or number of a public street or number or sub-number of any premises or part thereof or puts up any name, number or sub-number different from that determined by the Council and any owner of any premises or part thereof who does not at his own expense put up such number or sub-number of such premises or part thereof, shall, on conviction, be punished with fine which may extend to five hundred rupees. (3) Where a number or sub-number is put up on any premises or part thereof under the orders of the Council in accordance with sub-section (1), the expenses of such work shall be payable by the owner of such premises or part thereof, as the case may be. Explanation:— In this section, “premises” means any building, but does not include only walls, compound walls, fencing, verandahs, fixed platforms, plinths, door-steps or the like.

Displacing pavements, etc. (1) No person shall, without the permission of the Chief Officer or any other lawful authority, displace, take up, or make any alteration in, or make any hole in, or otherwise damage, the pavement, gutter, flags or other materials of any public street, or the fences, walls, or posts thereof, or any municipal lamp, lamp-post, bracket, water-post, hydrant, or other accessories, of a lamp, water-post or hydrant or such other municipal property therein, or extinguish a municipal lamp. (2) Every person to whom any permission is granted under sub-section (1) shall, at his own expense, cause the place where the soil or pavement has been opened or broken up, materials have been taken up or any erection or other thing set up, to be properly fenced and guarded, and in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night. (3) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to Five thousand rupees. (4) Any person who has displaced, taken up or made alteration in or made a hole in or otherwise damaged any such pavement, gutter, flags, or other materials, of any public street or such fences, walls, posts, municipal lamp, lamp-post, bracket, water-post, hydrant or other accessories of a lamp, water-post or hydrants or other municipal property or extinguished a municipal lamp, whether with or without the permission required under sub-section (1), shall, in addition to any penalty under sub-section (3), be liable to pay the expenses which the Council may incur in replacing or restoring the same. Such expenses shall be recoverable in the same manner as an amount due on account of a property tax.

Prohibition of sale of articles in public streets, without licence. (1) No person shall hawk or sell or expose for sale any article in any public street or public place, except under and in accordance with a licence granted under the bye-laws made by the Council in this behalf. (2) Any person who contravenes any provision of sub-section (1) or of any licence issued to him shall, on conviction, be punished with fine which may extend to fifty rupees. (3) The Chief Officer or any other municipal officer authorised by him in this behalf may seize any article hawked or sold or exposed for sale in contravention of sub-section (1).

Prohibition of plying hand-carts without licence. (1) No person shall ply any hand-cart in any public street or place except under and in accordance with a licence granted under the bye-laws made by the Council in this behalf. (2) Any person who contravenes any provision of sub-section (1) or of any licence issued to him shall, on conviction, be punished with fine which may extend to fifty rupees. (8) The Chief Officer or any other municipal officer authorised by him in this behalf may seize any hand-carts used in contravention of sub-section (1).