Forming of new extensions or layouts or making new private streets

(1) Notwithstanding anything to the contrary in any law for the time being in force, no person shall form or attempt to form any extension or lay-out for the purpose of constructing buildings thereon or make any new private street without the express sanction in writing of the municipal council and except in accordance with such conditions as the municipal council may specify. (2) Any person intending to form an extension or lay-out or to make a new private street, shall send to the municipal council, a written application with plans and sections showing the following particulars:— (a) the laying out of the sites of the area upon streets, lanes, or open spaces; (b) the intended level, direction and width of the streets; (c) the street alignment, and the building line, and the proposed sites abutting the streets; (d) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the streets and for adequate drinking water supply. (3) The provisions of this Act and of any rules or bye-laws made under it as to the level and width of streets and the height of buildings abutting thereon, shall apply also in the case of streets referred to in sub-section (2) and all the particulars referred to in that sub-section shall be subject to the approval of the municipal council. (4) Within six months after the receipt of any application under sub-section (2), the municipal council shall either sanction the forming of the extension or lay-out or making of street on such conditions as it may think fit or disallow it, or ask for further information with respect to it. (5) The municipal council may require the applicant to deposit, before sanctioning the application, the sums necessary for meeting the expenditure for making roads, side-drains, culverts, underground drainage and water supply and lighting and the charges for such other purposes as such applicant may be called upon by the municipal council, provided the applicant also agrees to transfer the ownership of the roads, drains, water supply mains and open spaces laid out by him to the municipal council permanently without claiming any compensation therefor. (6) Such sanction may be refused,— (i) if the proposed street would conflict with any arrangements which have been made or which are, in the opinion of the municipal council, likely to be made, for carrying out any general scheme of street improvement or other schemes of improvement or expansion by the municipal council, (ii) if the proposed street does not conform to the provisions of this Act, or the rules or bye-laws referred to in sub-section (3), or (iii) if the proposed street is not designed so as to connect at one end with a street which is already open. (iv) if the lay-out in the opinion of the municipal council cannot be fitted with any existing or proposed expansion or improvement schemes of the municipal council. (7) If the municipal council requires further information from the applicant under sub-section (4), no steps shall be taken by him to form the extension or lay-out or make the street until orders have been passed by the Municipal Council after the receipt of such information: Provided that the passing of such orders shall not, in any case, be delayed for more than six months after the municipal council has received all the information which it considers necessary to enable it to deal finally with the said application. (8) If the municipal council does not refuse sanction within six months from the date of receipt of the application under sub-section (2), or from the date of receipt of all information asked for under sub-section (7), such sanction shall be deemed to have been granted and the applicant may proceed to form the extension or layout or to make the street but not so as to contravene any of the provisions of this Act or the rules or bye-laws made under it. (9) Any person who forms or attempts to form any extension or lay-out in contravention of the provisions of sub-section (1), or makes any street without or otherwise than in conformity with the orders of the municipal council under this section, shall be punished with penalty which may extend to ten thousand rupees.