(1) All public streets and parking areas within the municipal area including the soil, sub-soil, stones, other materials, side-drains, footpaths, pavements, sub-ways and over-bridges and all erections, implements and trees and other things provided therein, shall vest in the municipality:
Provided that no public street in the municipal area, which immediately before the commencement of this Act vested in the State Government or in any authority under any law for the time being in force, shall, unless so directed by the authority competent to take a decision in this behalf, shall vest in the municipality.
(2) The State Government may, subject to such terms and conditions as it may determine, by notification –
(a) transfer to any municipality any public street or parking area belonging to it, or
(b) take over from any municipality any public street or parking area, or
(c) transfer such public street or parking area, so taken over, to any authority governed under any law for the time being in force, or any other agency, for a limited period for the purpose of proper maintenance and development of such public street or parking area by such municipality or the State Government or such authority or agency, as the case may be.
(3) The Municipal Commissioner or the Executive Officer shall maintain a register, in such form, and in such manner, as may be specified by regulations, and such register shall separately include a list of all public streets vested in the municipality or in such authority or agency.
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(4) The municipality may publish, in such form, and in such manner, as may be provided by regulations, the contents of such register for sale to the public.
292. Functions of municipality in respect of public streets etc.
(1) The municipality or any other agency, as the case may be, shall cause all public streets, parking areas, squares, sub-ways or over-bridges vested in it to be developed, maintained, controlled and regulated in accordance with the provisions of this Act and the regulations made thereunder.
(2) The municipality or any other agency, as the case may be, shall, from time to time, cause all public streets vested in it to be leveled, metelled, paved, channeled, 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 repair fences and guard rails thereon for the safety of pedestrians.
293. Power to make new public streets etc. The municipality or any other agency, as the case may be, may, at any time, -
(a) layout and make new public streets, or
(b) construct bridges or sub-ways, or
(c) turn or divert any existing public street, or
(d) lay down and determine the position and direction of a street or streets in any part of the municipal area notwithstanding that no proposal for the erection of any building in its vicinity has been received, or
(e) declare any street, made and duly constructed under any scheme or any development or improvement scheme in pursuance of the provisions of any law for the time being in force or by any authority governed under any other law for the time being in force, to be a public street, or
(f) declare any private street to be a public street.
294. Minimum width of new public street- No new public street made, or declared as such, under this chapter, shall be less than ten meters in width including the footpath:
Provided that such width may be reduced in the case of a transitional area, for reasons to be recorded in writing, but the width shall in no case be less than six meters.
295. Acquisition of lands and buildings for public streets, public parking places and transportation terminals -
(1) The municipality may, subject to the other provisions of this Act, acquire - >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 553
(a) any land together with structure including building, if any, standing thereon for the purpose of opening, widening, extending or otherwise improving any public street, parking or transportation terminal, square, park or garden or of making a new one or for enforcing the regular line of street,
(b) any land or any structure including building as aforesaid, as the municipality may think expedient, outside the regular line or projected regular line of the public street as aforesaid, and
(c) any land for the purpose of laying out, or making, a public parking place.
(2) Where any land or structure including building is required to be acquired under sub-section (1) and the municipality is satisfied that the remaining portion of the land will not be suitable or fit for any beneficial use to the owner, it shall, at the request of the owner, proceed for the acquisition of such remaining portion of the land also which shall, on acquisition, vest in the municipality.
(3) Where any land or structure including building is required to be acquired under sub-section (1) or sub-section (2), the procedure for such acquisition as provided in this Act shall apply.
296. Permanent closure of public street-
(1) The municipality may permanently close the whole or any part of a public street in the public interest or for the purpose of carrying out the provisions of this Act:
Provided that before closing such public street, the municipality shall, by notice published in such manner as may be provided by regulations, give an opportunity to the residents likely to be affected by such closure to make suggestions or objections, with respect to such closure, within one month from the date of publication of the said notice, and shall consider all such suggestions, or objections.
(2) Whenever any public street or a part thereof is permanently closed under sub-section (1), the site of such street or any portion thereof may be disposed of as land vested in the municipality.
297. Temporary closure of public street- The Municipal Commissioner or the Executive Officer may temporarily close the whole or any part of a public street to permit development and maintenance work, and may >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 554 authorize such closure for other purposes for any period not exceeding fifteen days.
298. Closure of Public Street for parking purposes and levy of parking fee-
(1) The municipality may close any portion of a public street and declare it as a parking area.
(2) Parking fees at different rates for different types of vehicles, in different areas, for different times of the day, and for different durations may be levied at such rates as may be determined by the municipality by regulations, from time to time.
299. Right of owners to require streets to be declared public-
(1) If any private street has been leveled, paved, metalled, flagged, channeled, sewered, drained, conserved, and lighted to the satisfaction of the Municipal Commissioner or the Executive Officer, he may, or on the requisition of a majority of the owners of such private street, shall, declare such street to be a public street and, thereupon, the street shall vest in the municipality.
(2) The Municipal Commissioner or the Executive Officer may, at any time, by a notice fixed in any street or part thereof, not maintainable by the municipality, but which has already been leveled, paved, metalled, flagged, channeled, drained, sewered, conserved and lighted to his satisfaction, give intimation of his intention to declare such street or part thereof to be a public street, and unless within thirty days of such notice, the owner or anyone of the several owners of such street or such part of a street, lodges objection thereto at the office of the municipality, the Municipal Commissioner or the Executive Officer may, by notice, in writing, put up in such street or part thereof, declare such street or part thereof, as the case may be, to be a public street vested in the municipality.
Traffic Engineering Schemes, Street Furniture, Parking Lots and Bus Stops
300. Traffic engineering schemes - The municipality may, either on its own or through any other agency authorized by it in this behalf, as and when necessary, having regard to the abutting land uses and traffic flow patterns, implement traffic engineering schemes to ensure public safety, convenience and expeditious movement of traffic including pedestrian traffic:
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Provided that the traffic engineering schemes shall also be disabled-friendly.
301. Street furniture and bus stops - The municipality shall, either on its own or through any other agency authorized by it in this behalf, from time to time, cause various items of street furniture including fences, guardrails, traffic lights, traffic signs, street markings, median strips, bus stops and any other item to be installed or done, and shall cause them to be maintained so as to ensure public safety and convenience and expeditious movement of traffic including pedestrian traffic.
302. Prohibition against obstruction in or over streets: No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any street.
303. Streets open to all: All streets vested in, or to be vested in, or maintained by municipality shall be open to all.
Street Lighting