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Section 192: Setting back projecting buildings

Rajasthan Municipalities Act, 2009State Rules of Rajasthan · 2009

(1) If any part of a building projects beyond the regular line of a public street as prescribed under Section 183, the Municipality may,

(a) if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time; or

(b) if the projecting part is not such external structure as aforesaid then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down, require by written notice either that the part or some portion of the part projecting beyond the said regular line, shall be removed or that such building, when being re-built, shall be set back to or towards the said regular line and the portion of land added to the street by such setting back or removal shall thenceforth be deemed part of the public street and be vested in the Municipality.

(2) If any land not vested in the Municipality, whether open or enclosed, lies within the regular line of a public street, and is not occupied by a building other than a platform, verandah, step or other external structure, the Municipality, after giving the owner of the land not less than fifteen clear days written notice of its intention, or if the land is vested in the State Government, then with the permission in writing of such officer, as may be appointed or authorized by the State Government in this behalf, may take possession of the said land with its enclosing wall, hedge or fence, if any, and if necessary, clear the same; and the land so acquired shall thenceforward be deemed a part of the public street and be vested in the Municipality.

(3) Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in Section 295, shall be paid by the Municipality to the owner of any land added to a street under sub-Section (1) or acquired under sub- Section (2) for the value of the said land to the owner of any building for any loss, damage or expense incurred by such owner in consequence of any action taken by the Municipality under either of the said sub-Section; provided that no such compensation shall be payable in cases to which Section 243 applies.

(4) When the amount of compensation has been so ascertained and determined or when a ruinous or dangerous building falling under sub-Section (1) has been taken down under the provisions of Section 243, the Municipality may, after tendering the amount of compensation, if any, that may be payable, take possession of the land so to the street, and shall clear the same.

Where this provision sits

ActRajasthan Municipalities Act, 2009
Section192
Marginal noteSetting back projecting buildings
JurisdictionState of Rajasthan
StatusIn force as published by the source

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