Chapter XIII Chapter XIII

(2) All streets within the City which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the Corporation. (2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.

Functions of Commissioner in respect of public streets. (1) The Commissioner shall, from time to time, cause all public streets vested in the Corporation to be levelled, matalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot-passengers : Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed Rs. 5,000, shall be undertaken by the Commissioner except with the previous sanction of the Corporation. (2) With the previous sanction of the Corporation the Commissioner may permanently close the whole or any part of a public street : Provided that before according such sanction the Corporation shall by notice published 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 one month from the date of the publication of the said notice.

Whenever any public street or a part thereof is permanently closed under sub- section (2) of section 225 the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation.

The Commissioner may, at any time with the previous sanction of the Corporation,- (a) lay out and make new public streets ; (b) construct bridges and sub-ways ; (c) turn or divert any existing public street ; and (d) lay down and determine the position and direction of a street or streets in any part of the City notwithstanding that no proposal for the erection of any building in the vicinity has been received.

The Commissioner shall, from time to time, with the sanction of the Corporation, specify the minimum width of different classes of new 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, the heights up to which buildings abutting thereon may be erected and other similar considerations.

Power to prohibit use of public streets for certain kinds of traffic. (1) The Commissioner may-(a) 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 ; (b) prohibit in respect of all public streets or any particular public streets, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of traction or locomotion use of appliances for the protection of roadways number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case ; (c) prohibit access to premises from any particular public street carrying high speed vehicular traffic : Provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clauses (a) and (c). (2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.

Power to acquire land and buildings for public streets and for public parking places. Subject to the provisions contained in Chapter X, the Commissioner may-(a) acquire any land required for the purpose of opening, widening extending or otherwise improving any public street or of making any new public street and any building standing upon such land ; (b) acquire in relation to any such land or building, all such land with buildings, if any, thereon as the Corporation may think expedient to acquire outside the regular line, or the intended regular line, of such street ; or (c) acquire any land for the purpose of laying out or making a public parking place.

Defining the regular line of streets. The Commissioner may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may, with the previous sanction of the Corporation re-define at any time any such regular line : Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed re-defined line of the street and shall consider all suggestions or objections which may be made within one month from the date of the publication of the said notice : Provided further that the regular line of any public street operative under any law in force in any part of the City immediately before the commencement of this Act, shall be deemed to be a line defined by the Commissioner under this sub-section. (2) The line for the time being defined or re-defined shall be called the regular line of street. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the Commissioner : Provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or a portion thereof the Commissioner fails to take steps to acquire the land within the regular line of the street in accordance with Section 234, then that person may, subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof. (4) When the Commissioner grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular (4) [Note: Content provided starts mid-section as per source provided] line of a street, he may require the owner of the building to execute an agreement binding himself and his sucessors- in-interest not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission and to pay the expenses of such removal if, in default, such removal is carried out by the Commissioner and may for that purpose require such owner to deposit in the Corporation Fund such sum as may be determined by him. (5) The Commissioner shall maintain- (a) a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the regular line of the streets has been defined or re- defined and containing any other particulars which the Commissioner may deem necessary; (b) a register of all agreements executed under sub-section (4) and of all deposits made thereunder. (6) All such registers shall be open to inspection by any person on payment of such fee as may be specified by the Commissioner with the sanction of the Corporation. (7) Any agreement entered into in pursuance of sub-section (4) shall be in writing, shall be registered under the Registration Act, 1908, and shall be deemed to be an agreement in respect of the land to which it relates and any condition contained in such agreement shall be deemed to be an obligation annexed to the ownership of the said land and enforceable against the successors-in-interest of the owner of such land.

(1) If any part of a building abutting on a public street is within the regular line of that street, the Commissioner may, whenever it is proposed- (a) to repair, rebuild or construct such building or to take down such building to an extent exceeding one-half thereof above the ground level such half to be measured in cubic meters ; or (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street ; by any order which he issues concerning the additions to, rebuilding, construction, repair or alterations of, such building require such building to be set back to the regular line of the street. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Commissioner may forthwith, take possession on behalf of the Corporation of the portion of the land within the regular line of the street therefore occupied by the said building and, if necessary, clear the same. (3) Land acquired under this section shall be deemed to be a part of the public street and shall vest in the Corporation.

(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Commissioner on behalf of the Corporation. (2) If such owner fails to show cause as required by the sub-section (1), the Commissioner may with the approval of the Corporation, require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice. (3) If within such period the owner of the building fails to pull down the building or part thereof as required by the Commissioner, the Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner and be recoverable from him as an arrear of tax under this Act. (4) The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be a part of the public street and shall vest in the Corporation.

If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge, or fence or some other structural external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street the Commissioner may, after giving to the owner of the land or building not less than seven clear days, notice of his intention so to do, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street, and, if necessary, clear the same and the land so acquired shall thereupon shall be deemed to be a part of public street shall vest in the Corporation. Provided that where the land or building is vested in the Government or the Central Government, the Commissioner shall not take possession thereof without the previous sanction of the Government or the Central Government, as the case may be.

(1) Where a land or building is partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Corporation. (2) Such surplus land may thereafter be utilised for the purpose of setting forward a building under Section 236.

The Commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Corporation, by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction. Explanation - For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.

Compensation to be paid in certain cases of setting back or setting forward of buildings, etc. (1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under the provisions of Sections 232, 233 and 234 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Commissioner: Provided that- (a) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation; (b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the Commissioner may recover from him half the amount of such excess as a betterment charge. (2) If, in consequence of any order to set forward a building made by the Commissioner, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the setting forward. (3) If, the additional land which will be included in the premises of any person required or permitted under sub-section (2) to set forward a building belongs to the Corporation, the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land and, the price so paid to the Corporation by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission. (4) If, when the Commissioner requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or with any of the terms or conditions of conveyance, the Commissioner shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court of the District Judge whose decision thereon shall be final.

Owners’ obligation when dealing with land as building sites. If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon, he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.

Layout plans. (1) Before utilising, selling or otherwise dealing with any land under Section 238, the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following particulars, namely:- (a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used; (b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose; (c) the intended level direction and width of street or streets; (d) the regular line of street or streets; and (e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining conserving and lighting street or streets. (2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of buildings abutting thereon shall apply 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 the sanction of the Corporation. (3) Within sixty days after the receipt of any application under sub-section (1) the Corporation shall either accord sanction to the lay-out plan on such conditions as it may think fit or disallow it or ask for further information with respect to it. (4) Such sanction shall be refused- (a) if the particulars shown in the lay out plan would conflict with any arrangements which have been made or which are in the opinion of the Corporation likely to be made for carrying out any general scheme of development of the City whether contained in the master plan or a zonal development plan prepared for the City or not; or (b) if the said lay-out plan does not conform to the provisions of this Act and bye- laws made thereunder; or (c) if any street proposed in the plan is not designed so as to connect at one end with a street which is already open. (5) No person shall utilise, sell or otherwise deal with any land or lay-out or make any new street without or otherwise than in conformity with the orders of the Corporation and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to lay-out or make the street until orders have been passed upon receipt of such information: Provided that the passing of such order shall not be in any case delayed for more than sixty days after the Corporation has received the information which it considers necessary to enable it to deal with the said application. (6) The lay-out plan referred to earlier in this section shall, if so required by the Corporation, be prepared by a licensed town planner.

Alteration or demolition of street made in breach of Section 239. (1) If any person lays out or makes any street referred to in Section 239 without or otherwise than in conformity with the orders of the Corporation, the Commissioner may, whether or not the offender be prosecuted under this Act, by notice- (a) require the offender to show cause by a written statement signed by him and sent to the Commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable why such street should not be demolished; or (b) require the offender to appear before the Commissioner either personally or by a duly authorised agent or on such day and 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 cause to the satisfaction of the Commissioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street. (3) Nothing in Sections 238, 239 and this section shall apply to any land to which the provisions of the Punjab Regulation of Colonies Act, 1975, apply.

Power of Commissioner to order work to be carried out or to carry it out himself in default. (1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part 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 Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrear of tax under this Act.

Declaration of public streets. (1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of Section 241, the Commissioner may, and on the requisition of the majority of the owners referred to in sub- section (1) of that section shall declare such a street to be a public street and thereupon the street shall vest in the Corporation. (2) The Commissioner may at any time, by notice fixed up in any street or part thereof not maintainable by the Corporation, give intimation of his 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 the several owners of such street or such part of a street lodge objection thereto at the Corporation office, the Commissioner may, by notice in writing, put up in such street or such part, declare the same to be a public street vested in the Corporation.

Prohibition of projection upon streets, etc. (1) Except as provided in Section 244, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will- (a) overhang, jut or project into, or (b) jut or project into any drain or open channel in any streets so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleanising thereof. (2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set up, added to, or placed against, or in front of the said premises in contravention of this section. (3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.

Projections over streets may be permitted in certain cases. (1) The Commissioner may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building on any street- (a) to erect an arcade over such street or any portion thereof; or (b) to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof: Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation. (2) The Commissioner may at any time by notice require the owner of occupier of any building to remove a verandah, balcony, sunshade, weather frame or the like put up in accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

Ground floor door, etc., not to open outwards on streets. The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner is likely to obstruct the safe or convenient passage.

Prohibition of structures, fixtures or deposit of things in streets. (1) No person shall, except with the permission of the Commissioner granted in this behalf, 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 projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon. (3) Nothing in sub-section (1) shall apply to any erection or thing to which clause (c) of sub-section (1) of Section 251 applies and nothing in sub- section (2) shall apply to building materials.

Special provision regarding streets belonging to Government. Notwithstanding anything contained in Sections 236, 243 or 244 or in clause (5) of Part ‘C’ of Section 399 and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government- (a) The Commissioner shall not, in respect of such street grant permission to do any act the doing of which without his written permission would contravene the provisions of Section 243 or Section 244 or allow any building to be set forward under the provision of Section 236 except with the sanction of the Government which may be given in respect of a class of cases generally or in respect of a particular case. (b) The Commissioner shall, if so required by the Government exercise the power conferred upon him by Sections 232, 243 or 244 or clause (5) of Part C of Section 399 or any bye-law made in exercise of the power conferred by the aforesaid clause (5) in respect of any encroachment or overhanging structure on or over such street or any materials, goods or articles of merchandise deposited on such street.

The Commisssioner may, without notice, cause to be removed- (a) any stall, chair, bench box, ladder, bale or other thing whatsoever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act ; (b) any article whatsoever hawked or exposed for sale on any public street or in any other public place in contravention of this Act any vehicle, package, box or any other thing in or on which such article is placed.

Prohibition of tethering of animals and milking of cattle. (1) No person shall tether any animal or cause or permit the same to be tethered in any public street. (2) No person shall milk or cause or permit to be milked any cow or buffalo in any street. (3) Any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any Corporation Officer or employee and be impounded and dealt with under the provisions of the Cattle-trespass Act, 1871.

(1) The Commissioner shall, during the construction or repair of any street, drain or premises vested in the Corporation— (a) cause the place to be fenced or guarded and a sufficient light to be provided at night; (b) take proper precautions against accident by shorting up and protecting the adjoining buildings ; (c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger. (2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night which under construction or repair. (3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed. (4) No person shall, without the permission of the Commissioner or other lawful authority, remove any bar, chain, post or shoring, timber, or remove or extinguish any light set up under this section.

Streets not to be opened or broken up and building materials not to be deposited thereon without permission. (1) No person other than the Commissioner or a Corporation Officer or other Corporation employee shall, without the written permission of the Commissioner— (a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street ; or (b) deposit any building material in any street; or (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rolls, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials. (2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted. (3) The Commissioner may, without notice, cause to be removed any of the things referred to in clause (b) or clause (c) of sub-section (1) which has been deposited or set up in any street without the permission specified in that sub-section or which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under sub-section (2) : Provided that nothing in this sub-section shall apply to cases under clause (b) or clause (c) of sub-section (1) in which an application for permission has been made with such fee as may be prescribed by the Commissioner in this behalf but no reply has been sent to the applicant within seven days from the date of the application.

(1) Any of the things caused to be removed by the Commissioner under this chapter shall unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by the Commissioner by public auction or in such other manner and within such time as the Commissioner thinks fit. (2) The charges for removal and storage of the things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the Corporation.

Naming and numbering of streets. (1) The Commissioner may— (a) with the sanction of the Corporation, determine the name or number by which any street or public place vested in the Corporation shall be known; (b) cause to be put up or painted at a conspicuous part of any building, wall or place, at or near each end, corner or entrance of such street or on some convenient part of such street, the name or number by which it is to be known; (c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation ; (d) determine the number or sub-number by which any premises or part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof. (2) No person shall destroy, remove deface or in any way injure or alter such name or number or sub-number or put up or paint any name or number or sub-number different from that put up or painted by order of the Commissioner.

Commissioner to take steps for repairing or enclosing dangerous places. (1) If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other steps as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising thereform. (2) The Commissioner may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Commissioner in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this Act.

The Commissioner shall— (a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by the Corporation ; (b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose ; (c) cause such lamps to be lighted by means of oil, electricity or such other light as the Corporation may determine.

Prohibition of removal, etc. of lamps. (1) No person shall, without lawful authority, take away wilfully, negligently break or throw down or damage— (a) any lamp or any appurtenance of any lamp or lamp post or lamp iron set up in any public street or any public place ; (b) any electric wire for lighting such lamp ; (c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. (2) No person shall wilfully or negligently extinguish the light of any 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.

Definitions. In this chapter, unless the context otherwise requires, the expression "to erect a building" means— (a) to erect a new building on any site whether previously built upon or not; (b) to re-erect— (i) any building of which more than one half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or (ii) any building of which more than one half of the superficial area of the external walls above the level of the plinth has been pulled down; or (iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down ; (c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose ; (d) to convert into more than one dwelling house a building originally constructed as one dwelling house only ; (e) to convert into a place of religious worship or into sacred buildings any place or building not originally constructed for such purpose ; (f) to roof or cover an open space between walls or building to the extent of the structure which is formed by the roofing or covering of such space ; (g) to convert two or more tenements in a building into a greater or lesser number; (h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change ; (i) to convert a building which when originally constructed was legally exempt for the operation of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which had it been originally erected into its converted form, would have been subject to such building regulations ; (j) to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than a dwelling house.

Prohibition of building without sanction. No person shall erect or commence to erect any building, or execute any of the works specified in section 260 except with the previous sanction of the Commissioner, nor otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works.

Erection of building. (1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans may be so prescribed.

Applications for additions to, or repairs of buildings. (1) Every person who intends to execute any of the following works, that is to say— (a) to make any addition to a building ; (b) to make any alteration or repairs to a building involving the removal or re-erection or in any external or partly was thereof or of any wall which supports the roof thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial metres ; (c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial metres ; (d) to make any alteration in a building involving— (i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; or (ii) the conversion of any passage or space in such building into a room or rooms; (e) to repair, remove, construct, re-construct, or make any addition to or structural alteration in any portion or building abutting on a street which stands within the regular line of such street ; (f) to close permanently any door or window in an external wall ; (g) to remove or re-construct the principal staircase or to alter its position ; shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf.

(1) A person giving the notice required by section 259 shall specify the purpose for which it is intended to use the building to which such notice relates; and a person giving the notice required by section 260 shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work. (2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner along with the notice.

(1) The Commissioner shall sanction the erection of a building or the execution of a work, unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 266. (2) The grounds on which the sanction of a building or work may be refused shall be the following, namely - (a) that the building or work or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law; (b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf; (c) that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished; (d) that in cases falling under section 238, layout plans have not been sanctioned in accordance with section 239; (e) that the building or work would be an encroachment on Government land or land vested in the Corporation; (f) that the site of the building or work does not about on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site; (g) that the building or work would be in contravention of any scheme sanctioned under section 275. (3) The Commissioner shall communicate the sanction to the person who has given the notice; and where he refuses sanction on any of the grounds specified in sub-section (2) of this section or under section 266, he shall record a brief statement of his reasons for such refusal and communicate the refusal along with the reasons therefor to the person who has given the notice. (4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf.

When building or work may be proceeded with. (1) Where within a period of sixty days, or in cases falling under clause (b) of section 257 within a period of thirty days, after the receipt of any notice under section 259 or section 260 or of the further information, if any, required under section 261, the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same: Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street of extension, improvement, widening or alteration of any street, the Commissioner may without sanction of the building or work for such period not exceeding three months as he deems fit and the period of sixty days or, as the case may be, the period of thirty days specified in this sub-section shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld. (2) Where a building or work is sanctioned or is deemed to have been sanctioned by the Commissioner under sub-section (1), the person who has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or any other law or of any bye-law made thereunder. (3) If the person or any one lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 259 or, as the case may be, under section 260 for fresh sanction of the building or the work and the provisions of the section shall apply in relation to such notice as they apply in relation to the original notice. (4) Before commencing the erection of a building or execution of a work within the period specified in sub-section (3), the person concerned shall give notice to the Commissioner of the proposed date of the commencement of the erection of the building or the execution of the work: Provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf.

If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 259, 260 and 261, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected, or done shall be deemed to have been commenced, erected or done without such sanction: Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.

Buildings at corners of streets. The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.

Provisions as to buildings and works on either side of new streets. (1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled, and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction. (2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.

Period for completion of building or work. The Commissioner, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made therefor has allowed an extension of that period.

Prohibition against use of inflammable materials for buildings etc. without permission. In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf.

(1) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without, or contrary to, the sanction referred to in section 262 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act or bye-laws made thereunder, the Commissioner may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition:

Provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order should not be made:

Provided further that where the erection or work has not been completed, the Commissioner may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection of work until the expiry of the period within which an appeal against the order of demolition, if made may be preferred under sub-section (2).

(2) Any person aggrieved by an order of the Commissioner made under sub-section (1) may prefer an appeal against the order to the Court of the District Judge of the City within the period specified in the order for the demolition of the erection or work to which it relates.

(3) Where an appeal is preferred under sub-section (2) against an order of demolition, the Court of the District Judge may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit:

Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the Court of the District Judge unless security, sufficient in the opinion of the Court, has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.

(4) Save as provided in this section no court shall entertain any suit, application or other proceeding for injunction or other relief against the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section.

(5) Every order made by the Court of the District Judge on appeal and subject only to such order, the order of demolition made by the Commissioner shall be final and conclusive.

(6) Where no appeal has been preferred against an order of demolition made by the Commissioner under sub-section (1) or where an order of demolition made by the Commissioner under that sub-section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any fixed by the Court of the District Judge on appeal, and on the failure of the person to comply with the order within such period, the Commissioner may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.

Order of stoppage of building or works in certain cases. (1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 262 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith.

(2) If an order made by the Commissioner under section 269 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.

(3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a Corporation officer or other Corporation employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.

(4) Where a police officer or a Corporation officer or other Corporation employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act.

Power of Commissioner to require alteration of work. (1) Commissioner may at any time during the erection of any building or execution of any work or at any time within three months after the completion thereof by a written notice specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 262 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye-law made thereunder and require the person who gave the notice under section 259 or section 260 or the owner of such building or work either -

(a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or

(b) to show cause why such alterations should not be made within the period stated in the notice.

(2) If the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in the notice.

(3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he thinks fit.

(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work.

(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act:

Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted.

Restrictions on user of buildings and removal of dangerous buildings. (1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any, of such permission -

(a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the bye-laws made thereunder;

(b) change or allow the change of the use of any land or building;

(c) convert or allow the conversion of one kind of tenement into another kind.

(2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom.

(3) The Commissioner may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient board or fence for the protection of passers-by and other persons, with a convenient platform and hand rail wherever practicable to serve as a foot way for passengers outside of such board or fence.

(4) If it appears to the Commissioner that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger.

(5) If the owner or occupier of the building does not comply with the order within the period specified therein, the Commissioner shall take such steps in relation to the building as to prevent all cause of danger therefrom.

(6) All expenses incurred by the Commissioner in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this Act.

Power to order building to be vacated in certain circumstances. (1) The Commissioner may by order in writing direct that any building which in his (1) If it appears to the Commissioner that any building or part thereof is in a ruinous condition or likely to fall or is in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, or by reason of over-crowding or otherwise it is in the opinion of the Commissioner in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 272 be vacated forthwith or within such period as may be specified in the order : Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor. (2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly. (3) The Commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according to the circumstances prevailing at that time permit.

(1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, drawn up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely :- (a) the restriction of the erection or re-erection of buildings or any class of buildings in the whole or any part of the city, and of the use to which they may be put ; (b) the prescription of a building line on either side or both sides of any street existing or proposed; and (c) the amount of land in such unbuilt area which shall be transferred to the Corporation for public purposes including use as public streets by owners of land either on payment of compensation or otherwise, provided that the total amount so transferred shall not exceed thirty-five per cent, and the amount transferred without payment shall not exceed twenty-five per cent of any one owner’s land within such unbuilt area. (2) When a scheme has been drawn up under the provisions of sub-section (1), the Corporation shall give public notice of such scheme and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the Corporation in writing any objection or suggestion with regard to such scheme which he may wish to make. (3) The Corporation shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub-section (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Government which may sanction such scheme or may refuse to sanction it, or may return it to the Corporation for reconsideration and resubmission by a specified date. (4) If a Corporation fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to resubmit a scheme by a specified date, when required to do so under sub-section (3) or resubmits a scheme which is not approved by the Government, the Government may drawn up a scheme of which public notice shall be given by notification and by publication within the City together with an intimation of the date by which any person may submit in writing to the Government any objection or suggestion which he may wish to make and the Government may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the Government may think fit; and the cost of such scheme or such portion of the cost as the Government may deem fit shall be defrayed from the Corporation Fund. (5) While sanctioning a scheme the Government may impose conditions for the submission of periodical reports to it on the progress of the scheme and for the inspection and supervision of the scheme. (6) If under the provisions of any scheme sanctioned under the proceeding sub-sections the erection or re-erection of building in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned uses any building for such purpose shall, unless it was used for this purpose before the scheme was sanctioned, on conviction be liable to fine which may extend to Rs. 1,000, and if after such conviction he continues to use such building for such purpose shall be liable to fine which may extend to Rs. 50 for every day during which such use continues. Explanation. - For the purpose of this section, - (i) “built area” is that portion of a City of which the greater part has been developed as a business or residential area ; and (ii) “unbuilt area” is an area within the local limits of a city which is declared as such at a special meeting of the Corporation by a resolution confirmed by the Government, or which is notified as such by the Government.