Prohibition of projections other than surface projections upon streets, etc.

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.