धारा 169 · Powers in connection with streets

The committee- (a) may lay out and make a new public street and construct tunnels and other works subsidiary thereto, and (b) may widen, lengthen, extend, enlarge, raise, or lower the level of or otherwise improve any existing public street vested in the committee, and (c) may close temporarily any public street or any part thereof for any public purpose, and any anypart in (d) may turn, divert, discontinue or close any public street so vested, and (e) may provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoins any public street made, widened, lengthened, extended, enlarged, imposed, or the level of which has been raised or lowered by the committee under clauses (a) and (b) or by the State Government, and (f) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the committee may acquire any land, along with the building thereon, which it deems necessary for the purpose of any scheme of work undertaken or projected in exercise of the powers conferred under the preceding clause, and 2[(g) subject to the provisions of any rule prescribing the conditions on which property vesting in the committee may be transferred, may lease, sell or otherwise dispose of any property acquired by the committee under clause (f) ; or any land vesting in and used by the committee for a public street and no longer required therefor, and in so doing may impose conditions regulating the removal and construction of building upon it and the other uses to which such land may be put:] Provided that land owned by proprietors other than the 3[Government] shall become the absolute property of the committee after it has continuously vested in the committee for use as a public street for a period of twenty-five years : but that the possession of such land that ceases to be required for use as a public street before the expiry of twenty five years from the time that it became vested in the committee shall be transferred to the proprietor thereof, on payment by him of reasonable compensation to the committee for improvements of such land, and subject to such restrictions as the committee may impose on the future use of such land, and 1. Substituted by Punjab Act 8 of 1976 2. Substituted by Punjab Act 3 of 1933, Section 57 3. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950 The Punjab Municipal Act, 1911, Section 170 that should the proprietor be unable or unwilling to pay the amount of such compensation the committee may, subject to such conditions as it may deem fit sell the land, and shall pay to the owner the proceeds, if any, over and above the amount of such compensation which shall be paid into the municipal fund, or may dispose of it in such manner as it may deem fit.] [170. Powers to require protection of streets during cutting down of trees, 1 erection or demolition of buildings etc .- (1) No person shall cut down any trees or cut off a branch of any tree, or erect or demolish any building or part of a building or alter or repair the outside of any building, where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance to any person using a street, without the previous permission in writing of the committee. (2) The committee may at any time by notice require that any person doing or proposing to do any of the acts referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficient lighting such hoardings or screen as are specified or described in the notice and may further at any time by notice require the removal, within a time to be specified in the notice, of any hoarding or screen erected in anticipation or in pursuance of any of the said acts. (3) Whoever contravenes the provisions of sub-section (1) or fails to comply with the terms of a notice under sub-section (2) shall be punishable with fine which may extend to fifty rupees and when the contravention or non-compliance is a continuing one, with a further fine which may extend to five rupees for every day after the first during which the contravention or non-compliance continues. 2[170-A. Notice to be given and sanction obtained before making a street. - (1) No person shall lay out or make or commence to lay out or make a street without the sanction of the committee. (2) Every person who intends to lay out or make a street shall give notice in writing to the committee of such intention. (3) Where a committee has issued an order under clause (b) of section 170-B no notice under sub-section (2) shall be deemed to be valid until the particulars required under such order have been furnished to the satisfaction of the committee.] 3 [170-B. Order of committee on notice being given under section +[170-A] .- The committee may, within one month of the receipt of the notice required by sub-section (2) of section >[170- A], issue- (a) an order directing that for a period therein specified, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with ; or 1. Section 170 was omitted, and Section 170-A added by Section 45 of Punjab Act 2 of 1923, was renumbered as Section 1 0 by Punjab Act 3 of 1933, Sections 58 and 59 2. Added by Punjab Act 2 of 1923, and renumbered by Punjab Act 3 of 1933, Section 60 3. Substituted for "170-C" by Punjab Act 1 of 1934, section 6 4. Substituted for "170-B" by Punjab Act 1 of 1934, section 7 5. Substituted for "170-B" by Punjab Act 1 of 1934, section 7. 86 The Punjab Municipal Act, 1911, Section 170-C (b) an order requiring further particulars. 170-C. Sanction of committee with regard to new street :- Within two months after the receipt of the notice required by sub-section (2) of section -[170-A] the committee may refuse to sanction the proposed street, or may sanction it either absolutely or subject to such written directions as to level, metalling, paving, means of drainage, direction and width as the committee may deem fit to issue and the person laying out or making such street shall comply with the sanction of the committee in every particular: Provided that should the committee neglect or omit for two months after the receipt of such notice or if an order has been issued under clause (b) of section '[170-B], fail within the period specified in such order, to make and deliver to the person who has given such notice and order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposed street absolutely. 4[170-D. Power of sanction :- Every sanction for the laying out or making of a street which shall be given, or be deemed to have been given, by a committee, shall remain in force for one year only from the date of such sanction. Should the laying out or making of the street not have been commenced within the said period of one year, the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provisions of this Act. [Explanation: :- A street shall be deemed to be made or laid out when it is demarcated on the ground by permanent boundary marks.] 5[170-E. Penalty :- Whoever begins, continues or completes the laying out or making of a street without giving the notice required by section º[170-A], or in contravention of any written direction made under section [170-C], or of any bye-law or provision of this Act, shall be liable to a fine which may extend to five hundred rupees. 8[170-F. Notice to owner of land under street :- In any case where the committee considers that any land is being or has been laid out as a street without the notice required by section 170-A having been given or in contravention of any written direction made by the committee under section '[170-C] or of any bye-law or provision of this Act. the committee may, by notice in writing, require the owner of the land to alter the street in such manner as it deems necessary.