Amendment status not verified — confirm the current text below against the official source.
REMOVAL OF ENCROACHMENTS.— (1) The Secretary may, by notice, require the owner or occupier of any premises to remove or alter any projection. Encroachment or obstruction other than a door, gate, bar or ground floor window situated against or in front of such premises and in or over any street. (2) Where the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or may with the permission or licence of any authority duly empowered in that behalf, and that the period, if any, for which the permission or licence, is valid has not expired, the Municipality shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same. (3) Where the Secretary is satisfied that any road or public street including footpath, if any, thereof belonging to the Municipality or vested in it or otherwise is encroached upon by any person in any form, either temporarily or permanently so as to cause obstruction or hindrance or inconvenience to traffic and users of the street, the Secretary may summarily evict such encroachments and may seize and dispose of any belonging or article that may be found on such road or street and no person shall be entitled to claim compensation for any action taken by the Secretary in this behalf. 6[368. POWER TO ALLOW CERTAIN WORKS.— (I) The Municipality may grant a licence, subject to such conditions and restrictions as it may think fit, to the owner or occupier of any premises to cover drains necessary for access to the premises.] (2) A Municipality, may grant a licence, subject to such conditions and restrictions as it may think fit, for the temporary erection of pandals and other structures in a public street vested in the Municipality or in any other public place the control of which is vested in the Municipality. (3) A Municipality shall have power to lease roadsides and street margins vested in it for occupations on such terms and conditions and for such period as it may fix. (4) No licence under sub-section (1) or a lease under sub-section (3) shall be granted if the 6 7[x x J, construction or occupation is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such. (5) The Government may, by notification, restrict and impose such control in, as they may think fit, the exercise by Municipalities in general or by any Municipality in particular, of the powers under cub- sections (1) and (3). (6) On the expiry of any period for which a licence has been granted under this section, the Secretary, may, without notice, cause any 8fconstructionJ put up under sub-section (I) or sub-section(2) to be removed, and the cost thereof shall be recovered in the manner provided in section 538 from the person to whom the licence was granted. (7) PROHIBITION OF STRUCTURES OR FIXTURES WHICH CAUSE OBSTRUCTION IN PUBLIC STREETS.— No person shall except with the written permission of a Municipality erect or set up within a municipal area any wall, fence, rail, post, step, booth or other structures or fixtures in or upon any public street or upon or over any open channel, well or tank in any street so as to form an obstruction, or an encroachment upon or a projection over, or to occupy any portion of such street, channel, drain, well or tank. (8) Prohibition of deposits etc., of things on public street.— Without permission of the Secretary,- (9) no person shall place or deposit upon any public street or upon any open channel, drain, or well in any street or in any public place within a municipal area, any stall, chair, bench, box, ladder, bale or other things so as to form an obstruction or encroachment thereto; (10) no workshops doing repair work of motor vehicles or motor vehicle parts shall do any repair work or for doing repair work or after doing repair work, park upon public streets near their premises.