Setting back projecting buildings or walls

("Setting back projecting buildings or walls")

1. (1) When any building or part thereof abutting on a public street is within a street alignment prescribed under section 242, 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 metre; or
   • (b) to remove, reconstruct or make any addition to any portion of such building which is within street alignment; in any order which he issues concerning the rebuilding, alteration or repair of such building, require— building to be set back to the street alignment.
2. (2) If any building or 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 corporation of the portion of land within the street alignment thereof occupied by the said building and, if necessary, clear it.
3. (3) Land acquired under this section shall be deemed part of the public street and shall vest in the corporation.
4. (4) When any building is set back in pursuance of any requisition made under sub-section (1) or when commissioner takes possession of any land under sub-section (2), the corporation shall forthwith make compensation to the owner for any direct damage which he may sustain thereby. Explanation. — The expression "direct damage" as used in sub-section (4) with reference to land means the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the size.