Chapter XVI STREETS

appurtenances. – (1) The following shall vest in the City Corporation, -

1. (a) All public streets in the City 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;
2. (b) All sewers, drains, drainage works, tunnels and culverts whether made at the cost of the City Corporation fund or otherwise, in or alongside or under any street, whether public or private; and
3. (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.

1. (2) The Government may, after consulting the City Corporation by notification withdraw any such street, sewer, drain, drainage work, tunnel, culvert or tree from the control of the City Corporation.
2. (3) All public streets vesting in the City Corporation shall be under the control of the Commissioner of the respective City Corporation 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

Powers of the Commissioner in respect of public streets.- (1) The Commissioner for the City Corporation shall, from time to time, either suo- moto or upon the request of the Ward Committee cause all public streets vested in the City 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.

1. (2) The Commissioner at any time, close the whole or any part of a public street vested in the respective jurisdiction: Provided that, before doing so, the City 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.

The Chief Commissioner shall have the power to take decisions in matters pertaining to streets that overlap two or more City Corporations.

1. (1) The 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 the City Corporation limits notwithstanding that no proposal for the erection of any building in the vicinity has been received.
2. (2) The Greater Bengaluru Authority shall guide the City Corporation in the formation of new public street.

The Commissioner shall, from time to time, specify the minimum width of different public streets according to the proposal of the Master Plan or based on the nature and quantum of the traffic likely to be carried thereon and the streets shall join at one or both ends, to a street of equal or higher width to maintain hierarchy of roads, so as to carry the traffic seamlessly.

(1) The Commissioner may prohibit vehicular traffic or on street parking 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.

1. (2) The Commissioner may seek assistance from police to regulate traffic in streets as stipulated under section 69 of the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964).

If the khatadar of any land utilises, sells, leases out or otherwise dispose 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. (1) Any person intending to layout or make a new private street must send to the 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. (2) The provisions of this Act and of any rules or bye-laws made there under 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 Commissioner.
3. (3) Within sixty days after the receipt of any application under sub- section, the Commissioner 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. (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 Commissioner 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. (5) No person shall layout or make any new private street without or otherwise than in conformity with the order of the Commissioner. 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 Commissioner has received all the information which it considers necessary to enable it to deal finally with the said application.
6. (6) If the Commissioner 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 Karnataka Town and

Alteration or demolition of street made in breach of this Act.- (1) If any person lays out or marks any street referred to in this Act without or otherwise than in conformity with the alignment of roads or orders of the Commissioner, the Commissioner, may, whether or not the offender be prosecuted under this Act, by notice require the offender to.-

1. (a) show sufficient cause, by a written statement signed by him and sent to the Commissioner on or before such day as may be specified in the notice why such street shall not be altered to the satisfaction of the Commissioner, or is such alteration be impracticable, why such street shall not be demolished; or
2. (b) appear before the 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.

1. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Commissioner why such street shall not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street.
2. (3) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the khatadar referred to in sub-section (1) as property tax arrears to the Corporation.

When any public street is permanently closed, the City Corporation may allow to utilise such closed part of the streets for public infrastructure facilities including vehicle parking, street vending activity, parks, walkways.

(1) The Commissioner may subject always to such sanction as may be required, acquire,-

1. (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;
2. (b) any land outside the proposed street alignment with the building if any, standing there upon with the City Corporation may consider it expedient to acquire.

1. (2) Any land or building acquired under clause (b) of sub- section (1) may be utilized for the purpose in accordance with section 212 that may comprise such conditions as the Commissioner 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.

The Commissioner may.-

1. (a) prescribe for any public street, a building line or a street alignment or both, provided the prescribed building line and street alignment shall not be below the prescribed norms of master plan and zoning regulations;
2. (b) from time to time, but subject in each case to its receiving the City Corporation in that behalf, define a fresh line in substitution for any line so defined or any part thereof, provided that such declaration shall not be accorded, -
   • (i) unless, at least one month before the meeting of the City Corporation at which the matter is considered, public notice of the proposal has been given by the Commissioner by advertisement in the local newspapers and in the official Gazette, and also special notice thereof, signed by the 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 City Corporation has considered all objections to the said proposals made in writing and delivered at the City

Restriction on erection of or addition to buildings within street alignment or building line.- (1) No person shall construct any portion of any building within a street alignment defined under this Chapter,-

1. (a) not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or his successors to remove any building erected or any portion thereof; and
2. (b) to pay the expenses of such removal: Provided that the Commissioner shall, in every case in which he gives permission, report his reasons, in writing to the Chief Commissioner.

1. (2) If the 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 this Chapter and if such site or portion thereof which falls within such alignment be not acquired on behalf of the City Corporation within one year after the date of such refusal, the City Corporation shall pay reasonable compensation to the khatadar of the site.
2. (3) No person shall erect or add to any building between a street alignment and a building line defined under this Chapter.

(1) When any building or part thereof abutting on a public street is within a street alignment defined under this Chapter the 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. When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Commissioner or otherwise, taken down, the Commissioner may forthwith take possession on behalf of the City Corporation of the portion of land within the street alignment thereof occupied by the said building and, if necessary, clear it. (2) Land acquired under this section shall be deemed a part of the public street and shall vest in the City Corporation. (3) When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub- section (2), the City Corporation shall forthwith make full compensation to the khatadar 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 khatadar may allege that he intended to put the land, although such use may be injuriously affected by the reduction of site.

1. (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
2. (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. When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Commissioner or otherwise, taken down, the Commissioner may forthwith take possession on behalf of the City Corporation of the portion of land within the street alignment thereof occupied by the said building and, if necessary, clear it.

1. (2) Land acquired under this section shall be deemed a part of the public street and shall vest in the City Corporation.
2. (3) When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub- section (2), the City Corporation shall forthwith make full compensation to the khatadar 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 khatadar 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 Commissioner, it is necessary to set back the building to the regular line of the street, he may, if the provisions of section 216 do not apply, by written notice,-

1. (a) require the khatadar 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 officer duly authorised by him in that behalf and addressed to the 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
2. (b) require the said khatadar on such day and at such time and place as shall be specified in such notice to attend personally or by an officer 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 Commissioner.

1. (2) If such khatadar fails to show sufficient cause to the satisfaction of the 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 Commissioner, may, with the approval of the Chief Commissioner, require the khatadar 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.
2. (3) If within such period the khatadar of such building fails to pull down such building or any part thereof coming within the said line, the Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the khatadar.
3. (4) The Commissioner shall at once take possession on behalf of the City 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 City Corporation:

Power to declare any street as public street:- (1) If a private street including the drains are in such a poor condition that endangers public safety and health, the Commissioner of the City Corporation 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 its 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, against 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 Commissioner of the City Corporation 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 City Corporation then the concerned Commissioners shall issue the notice and thereupon declare the street or part thereof as a public street in respect to his jurisdiction: Provided further that the private street to be declared as public street shall have connectivity from the public road or public street.

1. (2) Where, street or part of such street which was shown by the erstwhile land owner as road in the deed of sales 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 by making the sale of abutting building sites and such a 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 right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 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 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. Explanation 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 212, 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 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.

1. (2) If such work is not carried out within the time specified in the notice, the 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 Commissioner in such inter-se proportions as the Commissioner may decide: Provided the expenses made payable if not paid, shall be recoverable as the arrears of Property Tax and in the manner prescribed for recovery of property tax arrears.

(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 Commissioner to remove such projections, failing which appropriate action may be taken against him. (3) It shall be the duty of the City Corporation to implement the provisions of the rules or bye-laws prescribed thereunder.

1. (2) In an event the person erects such projections, he shall be required by the Commissioner to remove such projections, failing which appropriate action may be taken against him.
2. (3) It shall be the duty of the City Corporation to implement the provisions of the rules or bye-laws prescribed thereunder.

No person shall, except with the permission of the Commissioner erect or set up any wall, fence, rail, post, step, ramp, 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 Commissioner may, by notice, require the khatadar 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.

1. (2) Where the Commissioner is satisfied that any road or public street including footpath, if any, thereof belonging to the City 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, pedestrian movements and users of the street, the Commissioner may summarily evict such encroachments.
2. (3) Pursuant to directing such a person to leave, and the person fails to leave, the Commissioner may file a criminal complaint against such a person.

(1) The Commissioner shall, so far as is practicable during the construction or repair of any public street vested in the City Corporation,-

1. (a) cause the same to be fenced and guarded;
2. (b) take proper precautions against accident by protecting the adjoining buildings;

1. (2) The Commissioner shall cause such street to be sufficiently lighted or guarded during night while under construction or repair.
2. (3) The Commissioner shall, as far as practicable, cause the said work to be completed at the earliest and without causing inconvenience to the public.

not to be deposited thereon without permission.- (1) No person or agency other than the Commissioner or a City Corporation employee shall, without the written permission of the Commissioner,

1. (a) Open, break up, displace, take up or make any alteration in to any material that is forming part of any street; or
2. (b) Deposit any building materials in any street, including during construction of the building.

1. (2) The 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. (1) The Commissioner may 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. (2) No person shall, without lawful authority, destroy, pull down or deface any such number.
3. (3) Where a number has been affixed under (1), the khatadar 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 Commissioner may by notice require him to replace it.
4. (4) No person shall, without lawful authority, destroy, remove, pull down, deface or in any way injure or alter any such display put up or painted by order of the Commissioner.
5. (5) The Commissioner shall cause to be put up or painted in Kannada and English on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name of every public street.
6. (6) The Greater Bengaluru Authority shall frame necessary regulations to approve naming, renaming, numbering of properties, streets, playgrounds, extensions, layouts, areas, public parks or such other City Corporation properties.

Provision for lighting of Public Streets.- (1) The City Corporation shall cause the public streets to be lighted and for that purpose shall provide such street lights as may be necessary.

1. (2) The Commissioner shall take measures for lighting in a suitable manner all such public streets and public places.
2. (3) The 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. (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. (2) No person shall wilfully or negligently extinguish the light of any street light or lamp set up in any public street or any public place.
3. (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 and also the

Power to allow certain erections:- (1) The Commissioner shall grant a licence subject to such conditions and restrictions as he may think fit to the khatadar or occupier of any premises adjacent to the street,-

1. (a) to put-up or continue to have temporary structure, weather frames, shamiyanas to facilitate occasions and the like uses over a street; or
2. (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
3. (c) to construct any step or drain-covering necessary for access to the premises.

1. (2) The Commissioner may grant a licence subject to such conditions and restrictions as he may think fit for erection any temporary structure in any street or in any public place vested in the City Corporation.
2. (3) No licence shall be granted under sub-section (1) if the erection 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.
3. (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 Commissioner may, without notice, cause any projection or construction put up under sub-section (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.
4. (5) The City Corporation shall have power to lease road sides and street margins vested in the City 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 considers that any occupation of a road side or street margin under a lease granted by the City 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 City Corporation to cancel or modify the lease and the City Corporation shall thereupon cancel or modify the lease accordingly.