New private streets

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.