(1) If any part of a building abutting a public street is within the regular line of that street, the municipality may, whenever it is proposed –
(a) repair, rebuild or construct such building or pull down such building to an extent, measured in cubic meters, exceeding one-half thereof above the ground level, or
(b) repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building, which is within the >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 616 regular line of the street, by order, as respects the additions to, or rebuilding, construction, repair or alterations of, such building, require such building to be set back to the regular line of such 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 reason of any order of the municipality or otherwise, pulled down, the Municipal Commissioner or the Executive Officer may forthwith take possession, on behalf of the municipality, of the portion of the land within the regular line of the street heretofor occupied by such building and, if necessary, clear the same.
(3) Any land taken possession under this section shall be deemed to be part of the public street and shall be vested in the municipality.
415. Compulsory setting back of building to regular line of street-
(1) Where any building or any part thereof is within the regular line of a public street and, in the opinion of the municipality, it is necessary to set back such building or part thereof to the regular line of such street, the Municipal Commissioner or the Executive Officer shall, by a notice served on the owner of such building 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 such street, should not be pulled down and the land within the regular line acquired by the municipality.
(2) If the owner fails to show cause as required under sub-section (1), the Municipal Commissioner or the Executive Officer may, with the approval of the municipality, require the owner, by another notice to be served on him in such manner as may be specified by regulations, to pull down the building or part thereof, which is within the regular line of the street, within such period as may be 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 under sub-section (2), the Municipal Commissioner or the Executive Officer may pull down the same, and all the expenses incurred in so doing shall be payable by the owner and be recoverable from him as an arrear of tax under this Act.
416. Setting forward of building to regular line of street- The municipality may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may require any building to be set forward in the case of reconstruction thereof or of a new construction.
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Explanation – For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with the permission or the requirement to set forward a building to the regular line of a street, if a wall of such materials and dimensions, as are approved by the municipality, is erected along such line.
417. Acquisition of open land and land occupied by platforms etc., within regular line of street- If any land, whether open or enclosed, not vested in the municipality and not occupied by any building, is within the regular line of a public street or if any platform, verandah, step, compound wall, hedge or fence or some other structure, authorized or not, 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 Municipal Commissioner or the Executive Officer may, with the prior approval of the municipality and after giving the owner of such land or building not less than seven clear days notice of his intention so to do, take possession, on behalf of the municipality, of such land with its enclosing wall, hedge or fence, if any, or of such platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof 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 be vested in the municipality:
Provided that where the land or the building is vested in the State Government or the Central Government or any agency thereof, the Municipal Commissioner or the Executive Officer shall not take possession thereof without the previous sanction of the State Government or the Central Government, as the case may be.
418. Acquisition of remaining part of building and land after their portions within regular line of street have been acquired.
(1) Where a land or building is partly within regular line of a public street and the municipality is satisfied that the land remaining after the excision of the portion within such line will not be suitable or fit for any beneficial use, it may, at the request of the owner, acquire such land in addition to the land within such line, and such surplus land shall be deemed to be part of the public street and shall be vested in the municipality.
(2) Such surplus land may, thereafter, be utilized for the purpose of setting forward a building under section 416 or for such other purpose as the municipality may deem fit.
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419. Compensation to be paid in certain cases of setting back or setting forward of building etc.
(1) A compensation shall be paid by the municipality to the owner of any building or land acquired for a public street under the provisions of section 414, section 415, section 417, or section 418 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 municipality.
(2) If, in consequence of any order under section 416 to set forward a building, the owner of such building sustains any loss or damage, compensation shall be paid to him by the municipality for such loss or damage.
(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 such building, belongs to the municipality, the order or permission of the municipality 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 municipality by the said owner of 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 municipality requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the municipality or with any of the terms or conditions of conveyance, the Municipal Commissioner or the Executive Officer 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 to the court of the District Judge having jurisdiction for determination of the price, and the decision of the said court thereon shall be final.
Obstruction on Streets