section 5
Insertion of new sections after section 171.
The Howrah Municipal Corporation (Amendment) Act, 2024After section 171 of the principal Act, the following sections shall be inserted:— "Classification of public street. 171A. (1) The Mayor-in-Council shall classify all public streets in Howrah in one or other of the following categories:— (a) category I — arterial roads, (b) category II — sub-arterial roads, (c) category III — collector roads, (d) category IV — local roads, (e) category V — pedestrian pathways, and (f) category VI — footpaths. (2) The classification shall be done with due regard to the traffic rules of the particular public street and the nature and volume of traffic on it, its existing width, and abutting land uses: Provided that the different names of public streets which essentially constitute parts of a continuous traffic corridor shall not come in the way of their placement in any particular category. (3) The Mayor-in-Council shall, specify the minimum widths of different categories of public streets without regard to the existing widths of such streets as may be included in such categories: Provided that the minimum width of any public street falling under category I or category II or category III or category IV shall not be less than ten metres including any public street falling under category VI and that of a public street falling under category V, not less than six metres: Provided further that such minimum widths may be revised by the Mayor-in-Council at an interval of not less than five years. (4) The classification of the public streets in different categories may be revised from time to time. 171B. If the owner of any land utilises, sells, leases out or otherwise disposes of such land or any portion or portions thereof as plots for the construction of buildings thereon, he shall lay down and make street or streets giving access to the plots into which the land may be divided and connecting such street or streets with any existing public or private street. 171C. (1) Before utilizing, selling or otherwise disposing of any land under section 171B, the owner thereof shall send to the Commissioner a written application with a layout plan of the land showing the following particulars:— (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, including footpaths; (d) the regular line of street or streets; (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 rules and the regulations made thereunder as to the widths of public streets, including footpaths and the height of buildings abutting thereon shall apply in the case of streets referred to in sub-section (1), and all the particulars of a layout plan, referred to in that sub-section, shall be subject to the approval of the Mayor-in-Council. (3) Within sixty days of receipt of any application under sub-section (1), the Mayor-in-Council shall either accord approval 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 approval shall be refused— (a) if the particulars shown in the layout plan are in conflict with any arrangements which have been made or which are, in the opinion of the Mayor-in-Council, likely to be made for carrying out any general scheme of development of Howrah, whether or not such scheme is contained in the development plan or the development scheme of any authority under any law in force for the time being; (b) if the layout plan does not conform to the provisions of this Act and the rules and the regulations made thereunder; or (c) if any street proposed in the layout plan is not so designed as to connect it at one end with a street which is already open. (5) No person shall utilize, sell or otherwise deal with any land or layout or make any new street without or otherwise than in conformity with the orders of the Mayor-in-Council and, if further information is asked for, no step shall be taken to utilize, sell or otherwise deal with the land or to lay out or make the street until an order has been passed by the Mayor-in-Council upon receipt of such information: Provided that the passing of such order shall not, in any case, be delayed for more than sixty days after the Mayor-in-Council has received such information as it considers necessary to enable it to deal with the application.".
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