Bare ActsThe Daman and Diu Municipalities Regulation 1994

Section 177

Power to require boundary walls, hedges, etc

Amendment status not verified — confirm the current text below against the official source.

Power to require boundary walls, hedges, etc., to be constructed or removed. --- The Council may, by notice, require the owner or occupier of any land abutting on any publi-c street :--- P' -> * (a)' to f&btie -pd'rtially or wholly from the land any boundary wall, hedge, or other fencc which is, in its opinion, likely to obstruct I _ , or saaae a hindrance to traffic or is , , .,,,otherwise objectionable;'" \ I (b) to construct on the larid sufficient , C L ' . ; boundary walls, hedges or other' fence's of . ,such material, description and dimensions aa > - - 2 . . may be specified in the notice; 1% . , :. ( c 1 to Daintain the boundary walls, hedges , , .or,other fences on the land in goo r ; i a . z . (dj to dui or trim trees growirig oxi the land and sverhariging - the street and obstructing the traffic or causing danger to 5- t , such traf bic. (1) Every person intending to lay out or make'a new street shall give notice thereof in writing to the Chief Officer and shall furnish along with such notice plans and $sections showing :--- -- - I Ynlj " 6 ~ *. 3 i C'r J ~ L ,. t?.)i{fw t . .,- - (a) the intended level, direction and "Lidth of the street:) -+ift rr f , . ?- :T+z.\ xi_\ waL& 1 (b) the situation and the boundaries of sd-j noioa$ny buildings, or plots abutting on such street or likely to be served by such street; 3 $ 3 nn &,g>j (c) the position of any public street or , :b;:,jptreets wkich the new street may have an : : *;pccess to ; (d) the arrangements to be made for the level ling, paving, metal ling, flagging, j ,: ?- -. -., channelling, draining, lighting, Or cleansing n i g & s ; . . . ? . of the. street; 14irt;, , z5,,,. .-.and shall also furnish.-suoh other particulars as may : , .', be required .by the bye-laws, if any, made in this :ii ::9 behalf. L- .1 ..rr; - L /. . , ., : .. - ( 2 ) If such person fails to furnish all the -.-.w::,rl.! information and documents required by sub-section (I), or if the Council deems it. necessary to call for any further information or documents, the Chief . Officer may, within thirty daysof the receipt of the .. -,. 'nsaid notice, b y a written notice require such person ::'>:.-I .to furnish'tiie required information or documents. I , *& ' , . . . ( 3 ) . Within sixty days after the receipt by the - Chief .Officer df the notice acd the information and I documents specified in sub-section (1). or if any ,) ..t u,fmrther information or,documents have been called for under sub-section,(2), then within sixty days of the receipt of such further information and documants. ~ . + ' .the Council may --- L ' ._ . .' .. . . . . , . . (a) sanction the . laying out or making of , ,. :. , . the new .street rubject to such raodifications or : - I . conditions: as it may think fit; or . . .:. 2 - 4 . . < :... :.>..:r& , - s . ( b ) disallow it for reasons which shall be communicated to the applicant in writing. :::ii ?<.a t4) If . the C.ounci1 failr to issue .any order under sub-section (3) within the period specified in that sub-section, the person giving notice shall be !ri.r-s entitled to lay out and nake the proposed etreet in such manner a8 may have been specified in the notice under sub-section (1) and as ia not inconsistent with : ,;, any provision of this Regulation .or of any bye-law * , '.::for the time being in force thereunder. i T 1~;::: %.f.- , !':: .(5 1. If any ,perso'i who is entitled to proceed a,;. *-'with any,work under sub-section ( 3 ) or ( 4 ) fails to carry out such work within one year from the date on which he becomes so entitled, his right to proceed ?a:hs#cc -with much work shall lapee. , : ,.,;>* . . ( 6 ) Whoever lay= out or: makes any such street either without giving the notice required by sub- :$oua section (1) or otherwise than in accordance with the . xstiinstructions issued by the Council under clause (a) - . . 10 ~ 9 d ~ u i ~ s d 3 grr~,ods 9.irf 7 :cj.,m r qu j:>! p.'..ir of sub section ( 3 ) ; or' in 'any manner contrary to the provisions of this Regulation,:or of any bye-laws in force thereunder shall, on conviction, be punished . y. : c;; with fine which.may extenl to'one thousand rupees, * ' and the Council may cause any street so laid out or made, to be altered and any building constructed in ,. . P - ~ such street to be altered or removed and the expense :,.t -8 thereby incurred shall'be-paid to the Council by the <lT> :,: offendev, and shall be recoverable in the same manner '""' as an amount due on account of a property tax. il. I :,, d 3 : . r 3" ". ( 7 ) Save as'otherwise proGided byor under this Regulation, the provisions of this Regulation and of any rules.or bye-laws made thereunder as to the level d * .:x '... and width of public streets and the height -of . .. .. . , % . , buildings abutting thereon, shall appiy also in the case of new private streets referred to in nub- Y. ;. ,..o? section {I); and all particulars referred to in that 4.19 bject to the approval by the % ,- r - .* ", : .( ' . . . . ~~, ,. i p s forrain water,--- The Council may, by notice, require the owner of any buildigg or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying the water from the building or land. and for discharging the same so as not to cause any damage to the street or inconvehience to persons passing along the street. t g I :. -; *k..,5 - ? . .

Section 177 – The Daman and Diu Municipalities Regulation 1994 | DailyLaw.ai