Chapter XIII STREETS

(1) All streets within New Delhi which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the Council: Provided that no public street which immediately before the commencement of this Act vested in the Union shall, unless the Central Government with the consent of the Council so directs, vest in the Council by virtue of this sub-section. (2) All public streets vesting in the Council shall be under the control of the Chairperson and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.

(1) The Chairperson shall, from time to time, cause all public streets vested in the Council to be levelled, metalled 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. 1,00,000, shall be undertaken by the Chairperson except with the previous sanction of the Council. (2) With the previous sanction of the Council, the Chairperson may permanently close the whole or any part of a public street: Provided that before according such sanction the Council 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 publication of the said notice.

Whenever any public street or a part thereof is permanently closed under sub-section (2) of section 203 the site of such street or of the portion thereof may be disposed of as land vesting in the Council.

The Chairperson may at any time with the previous sanction of the Council,— (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 New Delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received.

The Chairperson shall, from time to time, with the sanction of council, 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.

(1) The Chairperson may— (a) prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure decongestion or smooth flow or quietness in any locality; (b) prohibit or regulate in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction weight or size or laden with such heavy or unwieldly objects as may be likely to cause injury to the road-ways 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 Chairperson generally or specially in each case; and (c) prohibit or regulate access to premises from any particular public street carrying high speed vehicular traffic: Provided that the Chairperson shall not take action without sanction of the Council 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.

(1) Subject to the provisions contained in Chapter X, the Chairperson 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 Council may think expedient to acquire outside of the regular line, or of the intended regular line, of such street; (c) acquire any land for the purpose of laying out or making a public parking place.

(1) The Chairperson 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 Council, redefine at any time any such regular line: Provided that, before according sanction the Council shall by public notice afford reasonable opportunity to the residents or premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street 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: Provided further that the regular line of any public street operative under any law in force in any part of New Delhi immediately before the commencement of this Act shall be deemed to be a line defined by the Chairperson under this sub-section. (2) The line for the time being defined or redefined 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 Chairperson: Provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or portion thereof, the Chairperson fails to take steps to acquire the land within the regular line of the street in the accordance with section 212, 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 Chairperson grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular line of a street, he may require the owner of the building to execute an agreement binding himself and his successors-in-interest not to claim compensation in the event of the Chairperson 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 Chairperson and may for that purpose require such owner to deposit in the New Delhi Municipal Fund such sum as may be determined by him. (5) The Chairperson 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 street has been defined or redefined and containing any other particulars which the Chairperson 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 prescribed by the Chairperson with the sanction of Council. (7) Any agreement entered into in pursuance of sub-section (4) shall be in writing, shall be registered under the Registration Act, 1908 (16 of 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 Chairperson 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 metres; 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 addition 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 Chairperson or otherwise, taken down, the Chairperson may forthwith take possession on behalf of the Council of the portion of the land within the regular line of the street therefor occupied by the said building and, if necessary, clear the same. (3) Land acquired under this section shall be deemed to be part of the public street and shall vest in the Council.

(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Chairperson 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 Chairperson on behalf of the Council. (2) If such owner fails to show cause as required by sub-section (1) the Chairperson may 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 Chairperson, the Chairperson may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act. (4) The Chairperson shall at once take possession on behalf of the Council 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 part of the public street and shall vest in the Council.

If any land, whether open or enclosed, not vesting in the Council 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 structure 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 Chairperson 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 Council 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 be deemed to be a part of the public street and shall vest in the Council: Provided that where the land or building is vested in the Union or a State the Chairperson shall not take possession thereof without the previous sanction of the Central Government.

(1) Where a land or building is partly within the regular line of a public street and the Chairperson 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 Council. (2) Such surplus land may thereafter, be utilised for the purpose of setting forward a building under section 214.

The Chairperson 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 approval of the Council, by notice require any building to be 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 Chairperson is erected along the said line.

(1) Compensation shall be paid by the Chairperson to the owner of any building or land acquired for a public street under the provisions of sections 210, 211 and 212 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 Chairperson: 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 Chairperson 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 Chairperson the owner of such building sustains any loss or damage, compensation shall be paid to him by the Chairperson 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 Council, the order or permission of the Chairperson to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Council 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 Chairperson requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Council or with any of the terms or conditions of conveyance, the Chairperson 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 of Delhi whose decision thereon shall be final.

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.

(1) Before utilising, selling or otherwise dealing with any land under section 216, the owner thereof shall send to the Chairperson a written application with a layout 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; (e) the arrangement 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 Council. (3) Within sixty days after the receipt of any application under sub-section (1) the Council shall either accord sanction to the layout 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 Council likely to be made for carrying out any general scheme of development of New Delhi whether contained in the master plan or a zonal development plan prepared for New Delhi 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 Council 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 orders shall not be in any case delayed for more than sixty days after the Council 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 be prepared by an architect. (1) If the owner of any land utilises, sells, leases out or otherwise disposes of such land or any portion or portions of the same site for the construction of buildings thereon, he shall lay out and make a street or streets or road or roads or passage or passages giving access to the site or sites and connecting with an existing public or private street. (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 Council. (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; (e) the arrangement to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets. (3) Within sixty days after the receipt of any application under sub-section (1) the Council shall either accord sanction to the layout 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 Council likely to be made for carrying out any general scheme of development of New Delhi whether contained in the master plan or a zonal development plan prepared for New Delhi 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 Council 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 orders shall not be in any case delayed for more than sixty days after the Council 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 be prepared by an architect.

(1) If any person lays-out or makes any street referred to in section 217 without or otherwise than in conformity with the orders of the Council, the Chairperson 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 Chairperson on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Chairperson or if such alteration be impracticable, why such street should not be demolished; or (b) require the offender to appear before the Chairperson either personally or by a duly authorised agent 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 Chairperson why such street should not be so altered or demolished, the Chairperson may pass an order directing the alternation or demolition of such street.

(1) If any private street or part thereof is not levelled, paved, metalled, flagged, chanelled, sewered, drained, conserved or lighted to the satisfaction of Chairperson, 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 Chairperson, 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 Chairperson and shall be recoverable from them as an arrear of tax under this Act.

If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 219, the Chairperson may, and on the requisition of a 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 Council.

(1) Except as provided in section 222, 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 in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or (b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof. (2) The Chairperson 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.

(1) The Chairperson 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 abutting on any street— (i) to erect an arcade over such street or any portion thereof; or (ii) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather frame, canopy, owning 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 Chairperson for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Council. (2) The Chairperson may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sun-shade, 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.

The Chairperson 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 Chairperson, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.

(1) No person shall, except with the permission of the Chairperson 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 a projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of section 229 applies.

(1) No person shall, except with the permission of the Chairperson 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. (2) Nothing in sub-section (1) applies to building material.

The Chairperson 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 other public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

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

(1) The Chairperson shall, so far as is practicable, during the construction or repair of any public street, or any municipal drain or any premises vested in the Council— (a) cause the same to be fenced and guarded, (b) take proper precautions against accident by shoring 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 Chairperson shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair. (3) The Chairperson shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the street, drain or premises to be repaired and the rubbish occasioned thereby to be removed. (4) No person shall, without the permission of the Chairperson or other lawful authority, remove any bar, chain, post or shorting, timber, or remove or extinguish any light set up under this section.

(1) No person other than the Chairperson or a municipal officer or other municipal employee shall, without the written permission of the Chairperson— (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 materials or thing forming part of any street; or (b) deposit any building materials 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, rails, 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 Chairperson on his giving not less than twenty-four hours’ notice of such termination to the person to whom such permission was granted. (3) The Chairperson may, without notice, cause to be removed any of the things referred to in clause (b) 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 Chairperson 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 Chairperson under this Chapter shall, unless the owner thereof turns up to take back such thing and pays to the Chairperson the charges for the removal and storage of such thing, be disposed of by the Chairperson by public auction or in such other manner and within such time as the Chairperson thinks fit. (2) The charges for removal and storage and sale of the thing 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 thing 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 New Delhi Municipal Fund.

(1) The Chairperson may— (a) with the sanction of the Council determine the name or number by which any street or public place vested in the Council 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 Council; (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 any 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 Chairperson.

(1) If any place is, in the opinion of the Chairperson, 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 Chairperson may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the Chairperson necessary in order to prevent the danger or inconvenience arising therefrom. (2) The Chairperson 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 Chairperson 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 Chairperson shall— (a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by him; (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 he may determine.

(1) No person shall, without lawful authority, take away or wilfully or 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.