Power to require repairs of streets and to declare such street public

The Jammu and Kashmir Municipal Act, 2000

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Statutory text

(1) (a)When the municipality considers that in any street other than a public street, or in any part of such street 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 municipality may by written notice require the owner or owners of such streets or part thereof, to carry out such works in a manner and within a time to be specified in such notice.
- (b) Should the owner refuse or should he fail to carry out the work in the time specified, the municipality may, by written notice, require the owners of the land or buildings, fronting, adjoining, or abutting upon such street or part thereof to carry out the work in such manner and within such time as may be specified in the notice.
(2) If compliance with the terms of the notice issued under clause (b) of sub-section (1) is not effected within the time specified, the municipality may, if it thinks fit, itself execute the work and may recover, as arrears of tax under section 87, the expenses incurred in doing so in such proportion as it may deem equitable from the owner of the street and the persons served with a notice under clause (b) of sub-section (1).
(3) After such work has been carried out by the persons served with a notice under clause (b) of sub-section (1) or as provided in sub-section (2) by the municipality at the expenses of such persons and the owner of the street, or part thereof, in which such work has been done, may, and on the requisition of the owner or owners of the major portion of the said street or part thereof or on the requisitions of a majority of the persons served with a notice under clause (b) of sub-section (1), it shall be declared by a public notice to be put up therein by the municipality to be a public street and shall vest in the municipality.
(4) A municipality may at any time, by notice fixed up in any street or part thereof not maintainable by the municipality, give intimation of their intention to declare the same a public street and unless within one month next after such notice has been so put up, the owner or any one of several owners of such street or such part of a street lodge objection thereto at the municipal office, the municipality may, by notice in writing, put up in such street, or such part, declare the same to be a public street vested in the municipality.

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