Power to prescribe street lines

§279

Summary

(1) The 1Municipal Commissioner may prescribe a line on one or both sides of any public street:\br@s Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a line prescribed under this Act until a fresh line as prescribed by the 1Municipal Commissioner under this section: Provided further that whenever it is proposed to prescribe a fresh line in substitution for any existing line or for any part thereof previous approval of the Executive Committee shall be had.\br@s (2) The line for the time being prescribed shall be called the regular line of the street.\br@s (3) A register with plans attached shall be kept by the 1Municipal Commissioner showing all public streets in respect of which a regular line of the street has been prescribed and such register shall contain such particulars as to the 1Municipal Commissioner may appear to be necessary and shall be open to inspection by any person upon payment of such fee as may from time to time be prescribed by the Executive Committee.\br@s (4) (a) Subject to the provisions of sub-section (5) no person shall construct or reconstruct any portion of any building on and within the regular line of the street except with the written permission of the 1 Municipal Commissioner and in accordance with the conditions imposed therein and the 1Municipal Commissioner shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Executive Committee.\br@s (b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the 1Municipal Commissioner :\br@s Provided that if, within sixty days after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the 1Municipal Commissioner fails to acquire the land within the regular line of the street under section 282, the person may, subject to any other provisions of this Act or the rules or bye-laws, proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be.\br@s (5) (a) When the 1Municipal Commissioner grants permission under clause (a) of sub-section (4) for the construction or reconstruction of any building on land within the regular line of the street he may require the owner of the building to execute an agreement binding himself and his successors-in-title not to claim compensation in the event of the 1Municipal Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the 1Municipal Commissioner.\br@s (b) The 1Municipal Commissioner may before granting such permission require the owner to deposit in the 2Corporation office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor-in-title or transferee of such building.\br@s

(1) The 1Municipal Commissioner may prescribe a line on one or both sides of any public street:\br@s Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a line prescribed under this Act until a fresh line as prescribed by the 1Municipal Commissioner under this section: Provided further that whenever it is proposed to prescribe a fresh line in substitution for any existing line or for any part thereof previous approval of the Executive Committee shall be had.\br@s (2) The line for the time being prescribed shall be called the regular line of the street.\br@s (3) A register with plans attached shall be kept by the 1Municipal Commissioner showing all public streets in respect of which a regular line of the street has been prescribed and such register shall contain such particulars as to the 1Municipal Commissioner may appear to be necessary and shall be open to inspection by any person upon payment of such fee as may from time to time be prescribed by the Executive Committee.\br@s (4) (a) Subject to the provisions of sub-section (5) no person shall construct or reconstruct any portion of any building on and within the regular line of the street except with the written permission of the 1 Municipal Commissioner and in accordance with the conditions imposed therein and the 1Municipal Commissioner shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Executive Committee.\br@s (b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the 1Municipal Commissioner :\br@s Provided that if, within sixty days after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the 1Municipal Commissioner fails to acquire the land within the regular line of the street under section 282, the person may, subject to any other provisions of this Act or the rules or bye-laws, proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be.\br@s (5) (a) When the 1Municipal Commissioner grants permission under clause (a) of sub-section (4) for the construction or reconstruction of any building on land within the regular line of the street he may require the owner of the building to execute an agreement binding himself and his successors-in-title not to claim compensation in the event of the 1Municipal Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the 1Municipal Commissioner.\br@s (b) The 1Municipal Commissioner may before granting such permission require the owner to deposit in the 2Corporation office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor-in-title or transferee of such building.\br@s

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