MMCNPIT Act 176Chapter XI · Streets And Open Spaces

Section 176 · Regular lines of a public street

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(1)

The Chief Officer shall subject to the approval of the Council prescribe a line on each side of every public street within the municipal area.

(2)

The Chief Officer shall give a public notice of the proposal to prescribe such line for any street and shall also put up a special notice thereof in the street for which such line is proposed to be prescribed. The Council shall, before approving the line of the street consider all objections or suggestions in respect of the said proposal made in writing and delivered at the municipal office within one month from the date of the publication of the notice under this sub-section.

(3)

The line for the time being so prescribed shall be called "the regular line of the public street".

(4)

The Chief Officer may from time to time in the manner laid down in sub­sections (1) and (2) prescribe a revised line in substitution of any regular line of street already prescribed and any reference in this Act to the regular line of the public street shall be deemed to include a reference to such revised line.

(5)

No resolution approving a regular line of a public street under sub­section (1), or approving a revised line under sub-section (4) shall be passed by the Council if such line or revised line has the effect of reducing the width of the street or shifting any such line towards the centre of the street, without the previous sanction of the Collector.

(6)

(a)

Except under the provisions of section 180, no person shall construct or reconstruct any portion of any building within the regular line of a public street or within such distance behind the regular line of public street as may be prescribed by bye-laws, without the permission of the Chief Officer;

(b)

Where the Chief Officer refuses permission to construct or reconstruct any building in any area within the regular line of the public street, such area shall, with the approval of be Council, be added to the street and shall thenceforth be deemed part of the public street and shall be vested in the Council;

(c)

Compensation, the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in Section 330 shall be paid by the Council to the owner of any land added to a street under clause (b) for the value of the said land, and to the owner of any building or any loss, damage or expense incurred by such owner in consequence of any action taken or order passed by the Chief Officer under this sub-sections:
Provided that, no such compensation shall be payable in respect of any building or portion thereof in respect of which a notice has been issued under sub-section (1) of section 195.

(7)

The provisions of sub-sections (8), (9), (10) and (11) of Section 189 shall mutatis mutandis apply to any building or portion of a building constructed in contravention of the provisions of clause (a) of sub-section (6).

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