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Section 236: Permission necessary for certain projections

Rajasthan Municipalities Act, 2009State Rules of Rajasthan · 2009

(1) The Municipality may , having regard to the volume of traffic and public convenience, give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms to project from any upper storey thereof in accordance with the provisions of the bye-laws made in this behalf.

(2) Any such owner or occupier putting up any such projection as aforesaid without such permission or in contravention of such orders shall be punished with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees and, if any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this Section, he shall be punished with further f ine which shall not be less than fifty rupees but which may extend to one hundred rupees for each day on which such failure or neglect continues.

(3) The Municipality may, by written notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction which, whether erected before or after the area of such building became part of a Municipality, shall have been erected or placed against or in front of such building, and which

(a) over hangs or juts into or in any way projects or encroaches upon any public street so as to be an obstruction to safe and convenient passage along such street, or

(b) projects and encroaches into or upon any uncovered aqueduct, drain or sewer in such street so as to obstruct or interfere with such aqueduct, drain or sewer or the proper working thereof or to effect alleviation of building line in any way :

Provided always that the Municipality shall, if such projection, encroachment or obstruction shall have been made in any place before the date on which such place became part of a Municipality or after such date with the written permission of the Municipality, make reasonable compensation to every person who suffers damage by such removal or alteration and, if any dispute shall arise touching the amount of such compensation, the same shall be ascertained and determined in the manner provided in Section 295.

Where this provision sits

ActRajasthan Municipalities Act, 2009
Section236
Marginal notePermission necessary for certain projections
JurisdictionState of Rajasthan
StatusIn force as published by the source

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