Notice to be given of intention to lay out lands for buildings or for private streets

Notice to be given of intention to lay out lands for buildings or for private streets.--

1. (1) Every person who intends--
   • (a) to sell or lease out any land, subject to a convenant or agreement on the part of a purchaser or lessee, to erect buildings thereon;
   • (b) to divide land, whether unbuilt or partly built, into building plots;
   • (c) to use any land or a portion thereof or permit the same to be used for building purposes; or
   • (d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not, shall give notice of his intention so to do, in writing, to the Council and shall along with such notice, furnish plans and sections showing the intended level, means of drainage, direction and width of such land, building or street, and such other particulars as the Council may, bye-laws, prescribe and save as hereinafter provided, the level, means of drainage, direction and width of every such land, building or street shall be used as may be fixed or approved by the Council.
2. (2) Before passing orders under sub-section (1), the Council may pass a provisional order directing that for a period, not exceeding one month as may, be specified therein, the intended work shall not be proceeding with, or demand, further particulars.
3. (3) If--
   • (a) within two months from the receipt of the notice given under sub-section(1), the Council fails to---
     • (i) pass orders under the said sub-section and to serve notice thereof; or
     • (ii) issue a provisional order or demand further particulars under sub-section (2); or
   • (b) the Council, having issued such demand for, and having received in accordance with the demand such further particulars fails to issue further orders within one month from the receipt of such particulars, then the land may be divided into building plots or used for building purposes or street may be laid out and made, in such manner as may have been specified in the notice under sub-section (1) and as in not inconsistent with any provisions of this Act or of any bye-law for the time being in force thereunder.
4. (4) Whoever divides land into building plots or uses land for building purpose or lays out or makes any such street either without giving the notice required by sub-section (1) or except in accordance with the orders of the Council under the sub-section (1) or (2) or the provisions of sub-section (3), or in any manner contrary to the provisions of this Act or of any bye-laws in force thereunder shall be punished with fine which may extend to five hundred rupees and the Council may cause such land so divided or used for building purposes or street so laid out or laid out or made, to be altered, demolished or removed and the expense thereby incurred shall be paid to it by the offender, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.