Amendment status not verified — confirm the current text below against the official source.
Additional power of the Chief Commissioner to order settling back of buildings to regular line of street.- (1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Chief Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of section 223 do not apply, by written notice,- (a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Chief Commissioner, why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or (b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Chief Commissioner. (2) If such owner fails to show sufficient cause to the satisfaction of the Chief Commissioner why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired as aforesaid, the Chief Commissioner, may, with the approval of the standing committee, require the owner by a written notice, to pull down the building or the part thereof which is within the regular line of the street within such period as is prescribed in the notice. (3) If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Chief Commissioner 100 may pull down the same and all the expenses incurred in so doing shall be paid by the owner. (4) The Chief Commissioner shall at once take possession on behalf of the corporation of the portion of the land within the said line theretofore occupied by the said buildings and such land shall hence forward be deemed a part of the public street and shall vest as such in the corporation. Provided that, nothing in this section shall be deemed to apply to buildings vesting in the Government. 1[225. Power to declare any street as public street.- (1) If a private street including the drains are in such a poor condition that endangers public safety and health, the Zonal Commissioner may, with respect to a private street, on his own accord or upon a request by the owners of the said private street or the owners of the buildings and lands fronting or abutting on such a street, by a public notice and notice to such owners, inform his intention to declare the said private street or part thereof, a public street. Thereupon, such owners or anyone else interested, may give objections, if any, regarding the said intention within one month of the date of service of such the public notice by affixture. Upon considering the objections if any, the Zonal Commissioner may, declare such street or part the street to be a public street: Provided that, in case the private street falls in more than one Zone then the concerned Zonal Commissioners shall jointly issue the notice and thereupon declare the street or part thereof as a public street. Provided further that, the private street to be declared as public street shall have connectivity from the public road or public street. (2) On the request of site owners abutting a private street or otherwise such street which was shown by the erstwhile land owner as road in the sale deed made by the land owner and based upon which the abutting building sites were carved out by the land owner, who has obtained the benefit of such road or street upon by making the sale of abutting building sites and upon such road is declared as public street under sub-section (1), in that event the land owner, shall not be eligible for any type of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013) or any other law, including Development Rights Certificates under section 14-B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963). Explanation:- For the purpose of this section,- (i) "Erstwhile Land Owner" means the person in whose name the agriculture or converted land stood at the time of selling the sites and includes all those persons claiming under or through him; and (ii) "Public Street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way maintained by the Corporation or Government or by any public authorities, whether a thoroughfare or not and includes;- 101 (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street public bridge or causeway; and (c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement verandah or other structure which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the Corporation.]1