Land not to be appropriated for building and private street not to be laid out until expiration of notice

§288

Summary

(1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or lay out any private street—\br@s (a) without complying with the provisions of section 286 ;\br@s (b) unless such person has given previous written notice of his intention as provided in section 287 nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under sub-section (2) of section 287.\br@s (c) after the expiration of the period of one year specified in subsection (3) of section 287 :\br@s Provided that if a person who is entitled to proceed with any work under sub-section (3) of section 287 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under sub-section (1) of section 287;\br@s (d) unless such person gives written notice to the 1Municipal Commissioner of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.\br@s (2) If any act be done or permitted in contravention of this section, the 1Municipal Commissioner may by written notice require any person doing or permitting such act—\br@s (a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the 1Municipal Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the 1Municipal Commissioner, or, if the be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorized work, or\br@s (b) to attend personally or by an agent duly authorized by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.\br@s (3) If such person shall fail to show cause to the satisfaction of the 1Municipal Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the 1Municipal Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.\br@s (4) In a case of contravention of the provisions of section 286, the 1Municipal Commissioner, may, instead of taking action as provided in sub-section (3), proceed to make a street or streets or road or roads giving access to the site or sites referred to in section 286 and connecting with an existing public or private street and recover the amount of expenditure incurred in doing so from the owner or owners of the site or sites in such proportion or in such manner as may be prescribed.\br@s

(1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or lay out any private street—\br@s (a) without complying with the provisions of section 286 ;\br@s (b) unless such person has given previous written notice of his intention as provided in section 287 nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under sub-section (2) of section 287.\br@s (c) after the expiration of the period of one year specified in subsection (3) of section 287 :\br@s Provided that if a person who is entitled to proceed with any work under sub-section (3) of section 287 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under sub-section (1) of section 287;\br@s (d) unless such person gives written notice to the 1Municipal Commissioner of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.\br@s (2) If any act be done or permitted in contravention of this section, the 1Municipal Commissioner may by written notice require any person doing or permitting such act—\br@s (a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the 1Municipal Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the 1Municipal Commissioner, or, if the be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorized work, or\br@s (b) to attend personally or by an agent duly authorized by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.\br@s (3) If such person shall fail to show cause to the satisfaction of the 1Municipal Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the 1Municipal Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.\br@s (4) In a case of contravention of the provisions of section 286, the 1Municipal Commissioner, may, instead of taking action as provided in sub-section (3), proceed to make a street or streets or road or roads giving access to the site or sites referred to in section 286 and connecting with an existing public or private street and recover the amount of expenditure incurred in doing so from the owner or owners of the site or sites in such proportion or in such manner as may be prescribed.\br@s

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