NDMC Act 211Chapter XIII · Construction, maintenance and improvement of streets
Section 211 · Compulsory setting back of building to regular line of street
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(1) Where any building or
any part thereof is within the regular line of a public street and in the opinion of the Chairperson it is
necessary to set back the building or part thereof to the regular line of the street he may, by notice served
on the owner in accordance with the provisions of this Act, require him to show cause within such period
as may be specified in the notice as to why such building or part thereof which is within the regular line
of the street should not be pulled down and the land within the regular line acquired by the Chairperson
on behalf of the Council.
(2) If such owner fails to show cause as required by sub-section (1) the Chairperson may require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice.
(3) If within such period the owner of the building fails to pull down the building or part thereof as required by the Chairperson, the Chairperson may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.
(4) The Chairperson shall at once take possession on behalf of the Council of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be part of the public street and shall vest in the Council.
(2) If such owner fails to show cause as required by sub-section (1) the Chairperson may require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice.
(3) If within such period the owner of the building fails to pull down the building or part thereof as required by the Chairperson, the Chairperson may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.
(4) The Chairperson shall at once take possession on behalf of the Council of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be part of the public street and shall vest in the Council.
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