The Chief Office of the Municipality may, at any time during the erection of any building or the execution of any work or at any time within six months after the completion thereof, by a written notice, specify any matter in respect of which such erection of execution is without or contrary to the sanction referred to in Section 346, or is in contravention of any condition of such sanction, or of any of the provisions of this Act or the rules or the regulations made thereunder and may, by order require the person who gave the notice under section 343 other owner of such building or work either,- a. to make such alterations, as may be specified by the Chief Officer in the written notice with the object of bringing the building or the work in conformity with such sanction or such condition of such sanction or such provisions of this Act or rules or the regulations made thereunder, or b. to show cause, within such period, as may be specified in the order, why such alterations should not be made.
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2. If such person or such owner does not show any cause as aforesaid he shall be bound to make the alterations specified in the notice.
3. If such person or such owner shows that the cause as aforesaid the Chief Officer shall, by an order, either cancel the notice issued under subsection (1) or confirm the same subject to such modifications as he think fit.
353. Completion Certificates,- Every person giving notice under section 343 for the erection of any building in a municipal area or for the execution of any work relating to such building or every owner of such building shall, within one month after the completion of erection of such building or execution or such work, deliver or send or cause to be delivered or sent to the Chief Officer of the Municipality a notice, in writing of such completion accompanied by a certificate, in such form, as may be prescribed and shall give to the Chief Officer all necessary facilities for inspection for such building or work.
2. No person shall occupy or permit to be occupied any such building use or permit to be used any building or part thereof affected by any such work, until permission has been granted by the Chief Officer in this behalf, in accordance with the rules and the regulations made under this Act.
354. Building at corners of streets,- Notwithstanding the provisions of this Act or the rules and the regulations made thereunder or any other law in force for the time being, the Chief Officer of a Municipality may, in the case of any building which is intended to be erected at the corner of two streets in the municipal area of the Municipality.- a. refuse sanction for reasons to be recorded in writing; or b. impose restrictions on its use; or C. place special conditions concerning exits to ro entry from any street; or d. require it to be rounded off or splayed or cut off to such height and to such extent, as he may determine; or e. acquire such portion of the site at the corner, as he may consider necessary for public convenience or amenity.
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Provided that no such action shall be taken without any scrutiny or such case by the Municipal Building Committee.
2. The Chief Officer may, by a written order, require any alteration corresponding to any of the conditions in clauses (b) to (e) of subsection (1) to be made to any building completed before the commencement of this Act.
355. Provisions as to building and works on either new street or near fly-overs or transportation terminals,- The sanction to be erection, re-erection of any building or execution of any work on either side of a new street in the municipal area of a Municipality, may be refused by the Chief Officer of the Municipality unless and until such new street has been leveled, and in the opinion of the Chief Officer, wherever practicable, metaled or paved, drained, lighted and laid with a water main to his satisfaction.
2. The sanction to the erection, re-erection of any such building or the execution of any such work, may be refused by the Chief Officer if such building or any portion thereof or such work, comes within the regular line of any street, the position and direction of which, has been laid down by the Chief Officer, but which has not been actually erected or executed, or if such building or any portion thereof such work is in contravention of any building plan or any other scheme or plan prepared under this Act or any other law force for the time being.
3. The Chief Officer may refuse permission for the erection or re-erection of any building, which when completed, will be within such distance foflil a fly-over or over bridge or transportation terminal or other construction, as may be prescribed in this behalf.
356. Power to regulate future construction of building,- The Chief Officer of a Municipality may subject to the prior approval or the Municipality give public notice of his intention to declare,- a. that in any street or portion thereof specified in such notice, the elevation and construction the frontage of all buildings or any classes of buildings erected or re-erected after such notice shall, in respect of their architectural features be such as the Municipality may consider suitable to the locality; or b. that in any locality sacrificed in such notice, there shall be allowed the erection of only detached or semi-detached building or both and that the land appurtenant to each such building, shall be of an area not less than that specified in such notice; or 415 C. that the minimum size of building plots in particular localities shall be of a specified area; or d. that in any locality specified in the notice, the construction of more than a specified number of buildings on each acre of land shall not be allowed; ro e. that in any streets, portions of streets or localities specified in such notice, the construction of any one or more of the different classes of buildings (such as residential, educational, institutional, assembly, business, mercantile, industrial, storage and hazardous buildings), shall not be allowed without the special permission of the Municipality.
2. The Municipality shall consider all suggestion or objections, received within a period of three months of the publication of such notice, may confirm the declaration or may, modify if so, however, that its effect is not extended.
3. The Chief Officer shall publish, in such manner, as may be prescribed, any declaration so confirmed or modified or modified in the Official Gazette and the declaration shall take effect from the date of such publication.
4. No person shall after the date of publication of such declaration, erection or re-erection any building in contravention of such declaration.
357. Power to stop excavation,- If during excavation or any other operation for the purpose of construction of any building in the municipal area of a Municipality or execution of any work referred to in sub-clause (b) of lause (1) of section 340, any of the underground utilities, such as electric or telephone cables, water supply, sewage and drainage mains, and gas pipes, is touched or is likely to be touched, or if the Chief Officer of the Municipality is of the opinion that such excavation may cause danger to the public, or danger or damage to any other building within the locality, the Chief Officer may, by a written order stop forthwith any such excavation or other work, till the matter is investigated and decided to his satisfaction.
358. Removal of congested buildings,-
1. Where it appears to the Chief Officer of a Municipality that may block of buildings in the municipal area, is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness or faulty arrangement of streets, or of the want of 416 proper drainage and ventilation, or of the impracticability of cleansing the building or other similar cause, he shall cause the block to he inspected by the Municipal Health Officer and the Municipal Engineer, who shall make a report in writing to the Chief Officer regarding the sanitary condition of the block.
2. If upon receipt of such report, the Chief Officer considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighborhood or otherwise to endanger the public health, he shall, with the prior approval of the Municipality select the buildings, which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such buildings to remove them within such period, as may be specified in the notice.
Provided that before issuing the notice, reasonable opportunity shall be given to the owners to show cause why the building should not be removed:
Provided further that the Chief Officer shall pay, compensation to the owners for any building so removed, which may have been erected under proper authority.
3. If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice, the Chief Officer may, cause the building to be removed an recover from the owner of the building the expenses of such removal as an arrears of tax under this Act.
359. Power to require improvement of buildings unfit for human habitation,-
1. Where the Chief Officer of a Municipality upon information in his possession, is satisfied that any building is in any respect unfit for human habitation, he may, unless in is opinion the building is not capable at a reasonable expenses of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days, as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion, those works will render the building, fit for human habitation.
2. In addition to serving a notice under this section on the owner, the Chief Officer may, serve a copy of the notice on any other person, having an interest in the building, whether as a lessee; mortgagee or otherwise. zn
3. In determining whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated 417 cost of the work, necessary to render it so fit and the estimated value, which the building will have, when the works are completed.
360. Enforcement of notice requiring improvement,- If a notice under section 359 requiring the owner of the building to execute works of improvement, is not complied with then after the expiration of the time specified in the notice, the Chief Officer may cause the works executed, which is required to be the notice, and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
361. Demolition of buildings unfit for human habitation,- Where the Chief Officer of a Municipality upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expose of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgage, or otherwise a notice to show cause within such time as may be specified notice as to why an order of demolition of the building should not be made.
2. Ii any of the persons upon whom a notice has been served under subsection (1), appears in pursuance thereof before the Chief Officer and gives an undertaking to him that such person, shall, within a period specified by the Chief Officer execute such works of improvement in relation to the building, as will, in the opinion of the Chief Officer render the building fit for human habitation until the Chief Officer on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Chief Officer shall not make an order of demolition of the building.
3. If no such undertaking is mentioned in sub-section (2), is given, or if in a case where any undertaking has been given any work of improvement to which the undertaking relates, is not carried out within the specified period, or the buildings is at anytime used in contravention of the terms of the understating, the Chief Officer shall, forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks of the expiration of that period.
4. Where an order of demolition of a building under this section has been made, the owner of the building or any other person, having an interest therein, shall demolish that building within the time specified in that 418 behalf by the order, and it if the building is snot demolished within that behalf by the order, and it if the building is snot demolished within that time, the Chief Officer shall cause the building to be demolished sand sell the materials thereof.
5. Any expenses incurred by the Chief Officer under sub-section (4) if not satisfied out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any person, having an interest therein as an arrear of tax under this Act.
6. In determining for the purposes of section 359, and this section whether a building is unfit for human habitation regard shall be had to its conditions is respect of the following matters, that is to say,- a. repair, b. stability;
C. freedom form damp;
d. natural light and air;
e. water supply;
f. drainage and sanitary conveniences; and g. facilities for storage, preparation and cooking of food and for the disposal of filth and other polluted matter; and the building shall be deemed to be unfit as aforesaid, if and only if, it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in the condition.
7. For the purposes of section 359, section 360 and this section "work improvement" in relation to a building includes any one or more of the following works namely:- a. necessary repairs;
b. structural alterations;
C. provision of light points and water taps;
d. construction of drains, open or covered;
e. provision of latrines and urinals;
f. provision of additional or improved fixtures and fittings;
g. opening up or paving of courtyard;
h. removal of rubbish, filth and other polluted and obnoxious matter;
and 419 i. any other work including the demolition of any building or any part thereof, which, in the opinion of the Chief Officer, is necessary for executing any of the works specified above.
8. The provisions of Section 358, Section 359, Section 360 and this section shall not apply in relation to any building in any area, as may be a specified to be a slum area.