Chapter XV STREETS

(1) The following shall vest in the Corporation,- (a) All public streets in the Corporation reserved under the control of the Government, with the pavements, stones and other materials thereof and all work materials, implements and other things provided for such streets; (b) all sewers, drains, drainage works, tunnels and culverts whether made at the cost of the Corporation fund or otherwise, in or alongside or under any street, whether public or private, and (c) all works, materials, implements and other things appertaining thereto and all trees not being private property growing on public streets or by the side thereof. (2) The Government may, after consulting the Corporation by notification withdraw any such street, sewer, drain, drainage work, tunnel, culvert or tree from the control of the Corporation. (3) All public streets vesting in the Corporation shall be under the control of the Zonal Commissioner of the respective zone and shall be maintained, controlled and regulated by them in accordance with the bye-laws that are made in this behalf, and upon any such instructions issued by the Chief Commissioner.

(1)The Zonal Commissioner shall, from time to time, either suo moto or upon the request of the Ward Committee cause all public streets vested in the Corporation to be levelled and repaired; he may also from time to time widen, extend or otherwise improve any such street for the safety of pedestrians. (2) The Zonal Commissioner may also, at any time, close the whole or any part of a public street vested in the respective zone: Provided that, before doing so, the Corporation shall by notice publish in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections which may be made within thirty days from the date of the publication of the said notice.

(1) The Chief Commissioner shall have the power to issue directions to the Zonal commissioner from time to time, as may be necessary. (2) The Chief Commissioner shall have the power to take decisions in matters pertaining to streets that overlap two or more zones.

(1)The Zonal Commissioner may at any time with the previous sanction of the Chief Commissioner,- (a) lay out and make new public streets; (b) construct bridges and sub-ways; (c) turn or divert any existing public street for alignment of roads; (d) widen, open, extend or otherwise improve any public street; and (e) lay down and determine the position and direction of a street or streets in any part of Bengaluru notwithstanding that no proposal for the erection of any building in the vicinity has been received. (2) The Bengaluru Development Authority shall assist the Corporation in carrying out its functions. (3) Reasonable compensation shall be paid to the owners and occupiers of any land or buildings which are acquired for or affected by any such purposes. (4) In determining such compensation, allowance shall be made for any benefit accuring to the owner or occupier concerned from the construction or improvement made by the Chief Commissioner.

The Chief Commissioner shall, from time to time, specify the minimum width of different public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated and other similar considerations.

(1) The Zonal Commissioner may prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality. (2) The Zonal Commissioner shall seek assistance from police to regulate traffic in streets as stipulated under Section 69 of the Karnataka Police Act, 1963.

If the owner of any land utilizes, sells, leases out or otherwise disposes off any part of the land for the construction of buildings, he shall lay down and make a street or streets giving access to the plots and connecting them to an existing public or private street.

(1) Any person intending to layout or make a new private street must send to the Chief Commissioner a written application with plans and sections showing the following particulars, namely:- (a) the intended level, direction and width of the street; (b) the street alignment and the building line; and (c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the street. (2) 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 streets referred to in sub-section (1) and all the particulars referred to in that sub-section shall be subject to approval by the zonal committee. (3) Within sixty days after the receipt of any application under sub-section (1) the zonal committee shall either sanction the making of street on such conditions as it may think fit or disallow it or ask for further information with respect to it. (4) Such sanction may be refused,- (a) if the proposed street would conflict with any arrangements which have been made or which are in the opinion of the standing committee likely to be made, for carrying out any general scheme of street improvement; (b) if the proposed street does not conform to the provision of the Act, the rules and bye laws referred to in sub-section (2); or (c) if the proposed street is not designed so as to connect at one end with a street which is already open. (5) No person shall layout or make any new private street without or otherwise than in conformity with the order of the zonal committee. If further information is asked for, no steps shall be taken to lay out or make the street until orders have been passed upon receipt of such information: Provided that, the passing of such orders shall not in any case be delayed for more than sixty days after the zonal committee has received all the information which it considers necessary to enable it to deal finally with the said application. (6) If the zonal committee does not refuse sanction within sixty days from the receipt of the application under sub-section (1) or from the receipt of all the information asked for under sub-section (5), such sanction shall be deemed to have been given and the applicant may proceed 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 this Act.

(1) If any person lays out or marks any street referred to in section 217 without or otherwise than in conformity with the alignment of roads or orders of the standing committee the Zonal Commissioner, may, whether or not the offender be prosecuted under this Act, by notice require the offender to,- (a) show sufficient cause, by a written statement signed by him and sent to the Zonal Commissioner on or before such day as may be specified in the notice why such street should not be altered to the satisfaction of the Zonal Commissioner, or is such alteration be impracticable, why such street should not be demolished; or (b) appear before the Zonal Commissioner either personally or by duly authorised agent on such day at such time and place as may be specified in the notice, and show cause as aforesaid. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Zonal Commissioner why such street should not be so altered or demolished, the Zonal Commissioner may pass an order directing the alteration or demolition of such street. (3) If such work is not carried out within the time specified in the notice, the Zonal Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owner referred to in sub-section (1) in such proportions as may be settled by the Zonal Commissioner.

(1) When any public street is permanently closed under section 213, the corporation may dispose of the site or so much thereof as is no longer required making due compensation to any person injured by such closing. (2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, at or about the same time that the public street, on account of which the compensation is paid, is closed.

(1) The chief Commissioner may subject always to such sanction as may be required, acquire,- (a) any land required for the purpose of widening, opening, extending or otherwise improving any public street or of making any new public street, and the building if any, standing upon such land; (b) any land outside the proposed street alignment with the building if any, standing thereupon with the corporation may consider it expedient to acquire. (2) Any land or building acquired under clause (b) of sub-section (1) may be sold, leased or otherwise disposed of, after public advertisement, and any conveyance made for that purpose may comprise such conditions as the standing committee thinks fit as to the removal of the existing building, if any, the description of the new building (if any) to be erected, the period within which the new building (if any) shall be completed and any other similar matters. (3) The standing committee may require any person to whom any land or building is transferred under sub-section (2) to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building.

The standing committee may,- (a) prescribe for any public street, a building line or a street alignment or both a building line and a street alignment; (b) from time to time, but subject in each case to its receiving the authority of the corporation in that behalf, define a fresh line in substitution for any line so defined or any part thereof, provided that such authority shall not be accorded,- (i) unless, at least one month before the meeting of the corporation at which the matter is considered, public notice of the proposal has been given by the Chief Commissioner by advertisment in the local newspapers and in the official Gazette, and also special notice thereof, signed by the Chief Commissioner has been put up in the street or part of the street for which fresh line is proposed to be defined; and (ii) until the corporation has considered all objections to the said proposals made in writing and delivered at the corporation office not less than three clear days before the day of such meeting.

(1) No person shall construct any portion of any building within a street alignment defined under section 221, provided however that the Chief Commissioner may in his discretion permit additions to a building to be made within a street alignment, if such addition merely add to the height and rest upon an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest,- (a) not to claim compensation in the event of the Chief Commissioner at any time thereafter calling upon him or his successors to remove any building erected or added to in pursuance of such permission or any portion thereof; and (b) to pay the expenses of such removal: Provided that the Chief Commissioner shall, in every case in which he gives permission, report his reasons, in writing to the standing committee. (2) If the Chief Commissioner refuses to grant permission to erect or add to any building on the ground that the proposed site falls wholly or in part within a street alignment prescribed under section 221 and if such site or portion thereof which falls within such alignment be not acquired on behalf of the corporation within one year after the date of such refusal, the corporation shall pay reasonable compensation to the owner of the site. (3) No person shall erect or add to any building between a street alignment and a building line defined under section 221 except with the permission of the Chief Commissioner who may when granting the permission impose such conditions as the standing committee may lay down for such cases.

(1) When any building or part thereof abutting on a public street is within a street alignment defined under section 221 the Chief Commissioner may, whenever it is proposed,- (a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level such half to be measured in cubic meter; or (b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment, in the order which he issues concerning the re-building, alteration or repair of such building require such building to be set back to the street alignment. (2) When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Chief Commissioner or otherwise, taken down, the Chief Commissioner may forthwith take possession on behalf of the corporation of the portion of land within the street alignment thereof occupied by the said building and, if necessary, clear it. (3) Land acquired under this section shall be deemed a part of the public street and shall vest in the corporation. (4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the Chief Commissioner takes possession of any land under sub-section(2), the corporation shall forthwith make full compensation to the owner for any direct damage which he may sustain thereby. Explanation.- The expression, "direct damage" as used in sub-section (4) with reference to land means, the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of site.

(1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Chief Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of section 223 do not apply, by written notice,- (a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Chief Commissioner, why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or (b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Chief Commissioner. (2) If such owner fails to show sufficient cause to the satisfaction of the Chief Commissioner why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired as aforesaid, the Chief Commissioner, may, with the approval of the standing committee, require the owner by a written notice, to pull down the building or the part thereof which is within the regular line of the street within such period as is prescribed in the notice. (3) If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Chief Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner. (4) The Chief Commissioner shall at once take possession on behalf of the corporation of the portion of the land within the said line theretofore occupied by the said buildings and such land shall hence forward be deemed a part of the public street and shall vest as such in the corporation. Provided that, nothing in this section shall be deemed to apply to buildings vesting in the Government.

(1) If a private street including the drains are in such a poor condition that endangers public safety and health, the Zonal Commissioner may, with respect to a private street, on his own accord or upon a request by the owners of the said private street or the owners of the buildings and lands fronting or abutting on such a street, by a public notice and notice to such owners, inform his intention to declare the said private street or part thereof, a public street. Thereupon, such owners or anyone else interested, may give objections, if any, regarding the said intention within one month of the date of service of such the public notice by affixture. Upon considering the objections if any, the Zonal Commissioner may, declare such street or part the street to be a public street: Provided that, in case the private street falls in more than one Zone then the concerned Zonal Commissioners shall jointly issue the notice and thereupon declare the street or part thereof as a public street. Provided further that, the private street to be declared as public street shall have connectivity from the public road or public street. (2) On the request of site owners abutting a private street or otherwise such street which was shown by the erstwhile land owner as road in the sale deed made by the land owner and based upon which the abutting building sites were carved out by the land owner, who has obtained the benefit of such road or street upon by making the sale of abutting building sites and upon such road is declared as public street under sub-section (1), in that event the land owner, shall not be eligible for any type of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013) or any other law, including Development Rights Certificates under section 14-B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963). Explanation:- For the purpose of this section,- (i) "Erstwhile Land Owner" means the person in whose name the agriculture or converted land stood at the time of selling the sites and includes all those persons claiming under or through him; and (ii) "Public Street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way maintained by the Corporation or Government or by any public authorities, whether a thoroughfare or not and includes;- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street public bridge or causeway; and (c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement verandah or other structure which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the Corporation.

(1) If upon notice under section 225, due to objections or any other reason leads to dropping of the intention to declare the private street or part thereof as the public street but the private street or part thereof requires to be improved, developed or maintained including road side drains for the benefit of persons using the said street as easement right, the Zonal Commissioner may by notice direct such owners to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice. (2) If such work is not carried out within the time specified in the notice, the Zonal Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by owners referred to in sub-section (1) in such properties as may be settled by the Zonal Commissioner: Provided that the expenses payable if not paid shall be recoverable as the arrears of Property Tax and in the manner as may be prescribed for recovery of property tax arrears. (3) If the Zonal Commissioner carries out work in accordance with sub-section (2), he, with the requisition of the owners can declare such a street to be a public street and thereupon the street shall vest in the Corporation.

(1) No person shall erect projections in any way that can obstruct or cause inconvenience to the public. (2) In an event the person erects such projections, he shall be required by the Zonal Commissioner to remove such projections, failing which appropriate action may be taken against him. (3) It shall be the duty of the Corporation to implement the provisions of the rules or byelaws prescribed thereunder.

No person shall, except with the permission of the Zonal Commissioner, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.

(1) The Zonal Commissioner may, by notice, require the owner or occupier of any premises to remove or alter any projection. Encroachment or obstruction other than a door, gate, bar or ground floor window situated against or in front of such premises and in or over any street. (2) Where the Zonal Commissioner is satisfied that any road or public street including footpath, if any, thereof belonging to the Corporation or vested in it or otherwise is encroached upon by any person in any form, either temporarily or permanently so as to cause obstruction or hindrance or inconvenience to traffic and users of the street, the Zonal Commissioner may summarily evict such encroachments. (3) Pursuant to directing such a person to leave, and the person fails to leave, the Zonal Commissioner may file a criminal complaint against such a person.

(1)The Zonal Commissioner shall, so far as is practicable during the construction or repair of any public street vested in the Corporation- (a) cause the same to be fenced and guarded; (b) take proper precautions against accident by protecting the adjoining buildings; (2) The Zonal Commissioner shall cause such street to be sufficiently lighted or guarded during night while under construction or repair. (3) The Zonal Commissioner shall, as far as practicable, cause the said work to be completed at the earliest and without causing inconvenience to the public.

(1) No person or agency other than the Zonal Commissioner or a Corporation employee shall, without the written permission of the Zonal Commissioner who shall give such permission upon the consultation of the Zonal Committee, (a) open, break up, displace, take up or make any alteration in to any material that is forming part of any street; or (b) deposit any building materials in any street (2) The Zonal Commissioner may, without notice, cause to be removed any of the things referred to in sub section (1) which has been deposited or set up in any street without the permission specified in that sub-section.

(1) When a person dies as a result of an accident which occurred due to a defect on a public street, whether such person was commuting by motor vehicle or any vehicle or was a pedestrian on a public street, his immediate family or dependents shall have the right, jointly and severally, to claim compensation from the Corporation. (2) Any person who suffers an injury as a result of an accident which occurred due to a defect on a public street, while commuting by motor vehicle or any vehicle, or as a pedestrian on a public street shall have the right to claim compensation from the Corporation. (3) The procedure for determination and payment of compensation shall be done in accordance with rules or bylaws prescribed thereunder.

(1) The Chief Commissioner, with the sanction of the Mayor may, with the sanction of the Corporation, determine the name by which any street or public place vested in the Corporation shall be known and may, at any time, alter the name of such a street: Provided that, before such naming or renaming, the opinion of the Ward Committees concerned shall be taken into consideration. (2) No person shall, without lawful authority, destroy, remove, pull down, deface or in any way injure or alter any such name put up or paint any name put up or painted by order of the Zonal Commissioner. (3) The Zonal Commissioner shall cause to be put up or painted in English and Kannada on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name of every public street.

(1) The Zonal Commissioner shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises. (2) No person shall, without lawful authority, destroy, pull down or deface any such number. (3) Where a number has been affixed under (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced and if he fails to do so, the Zonal Commissioner may by notice require him to replace it.

(1) The Corporation shall cause the public streets to be lighted and for that purpose shall provide such street lights as may be necessary. (2) The Zonal Commissioner shall take measures for lighting in a suitable manner all such public streets and public places. (3) The Zonal Commissioner shall procure, erect and maintain such number of street lights, lamps, lamp posts and other accessories as may be necessary for the said purpose.

(1) No person shall, without lawful authority, take away or wilfully or negligently break or throw down or damage,- (a) any street lights, lamp or lamp post set up in any public street or any public place; and (b) any electric wire for lighting such street light or lamp; (2) No person shall willfully or negligently extinguish the light of any street light or lamp set up in any public street or any public place. (3) If any person wilfully or through negligence or accident breaks, or causes any damage to, any of the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected under this Act, pay the expenses of repairing the damage so done by him.

(1) The Zonal Commissioner may grant a licence subject to such conditions and restrictions as he may think fit to the owner or occupier of any premises,- (a) to put-up or continue to have verandahs, balconies, sun-shades, weather frames and the like to project over a street; or (b) in streets in which the constructions of arcades has been sanctioned by the Corporation to put up or continue to have an arcade; or (c) to construct any step or drain-covering necessary for access to the premises. (2) The Zonal Commissioner may grant a licence subject to such conditions and restrictions as he may think fit for any temporary construction in any street or in any public place the control of which is vested in the Corporation. (3) No licence shall be granted under sub-section (1) if the projection or construction is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such. (4) On the expiry of any period for which a licence has been granted under this section or after due communication of an order of suspension or revocation of such licence the Zonal Commissioner may, without notice, cause any projection or construction put up under subsection (1) or (2) to be removed, and the cost of so doing shall be recoverable in the manner from the person to whom the licence was granted. (5) The Corporation shall have power to lease road sides and street margins vested in the Corporation for occupation on such terms and conditions and for such period as it may fix: Provided that, no such road sides and street margins shall be leased out for any term exceeding three years without prior sanction of the Government: Provided further that, if the Government consider that any occupation of a road side or street margin under a lease granted by the Corporation under this section is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road side or street margin as such, the Government may direct the Corporation to cancel or modify the lease and the Corporation shall thereupon cancel or modify the lease accordingly.