Bare ActsThe kerala Muncipality Act

Section 383

Power of Municipality to regulate further construction of certain classes of buildings in particular streets or localiti

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

Power of Municipality to regulate further construction of certain classes of buildings in particular streets or localities.— (1) A Municipality may give public notice of its intention to declare- (a) that in any street or portions of streets specified in the notice,-(i) continuous building shall be allowed ; (ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall in respect of their architectural features, be such as the Municipality may consider suitable to the locality; or (b) that in any locality specified in the notice, the construction of only detached buildings shall be allowed; or (c) that in any street, portion of streets or localities specified in the notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character of buildings destined for particular uses shall not be allowed without the special permission of the Municipality. (2) No objection to any such declaration shall be received after a period of three months from the publication of such notice. (3) The Municipality shall consider all objections received within the said period and may modify or confirm the declaration and the modification shall not be so as to extend its effect. (4) The Secietary shall publish the declaration which shall take effect from the date of publication. (5) No person shall,after the date of publication of the declaration under sub-section(4) construct or reconstruct any building in contravention of such declaration. n[383A. PROHIBITION OF CONSTRUCTIONS ABUTTING THE PUBLIC ROADS.— Notwithstanding anything contained in this Act, no person shall construct any building or structure other than a compound wall in any land abutting any National Highway, State Highway, District Road or any other roads notified by the Municipality within a distance of three metres from the road boundary of his land abutting the road: 11A[Provided that the said limit of three metres shall not be applicable for the construction, subject to the Building Rules, of first floor or second floor or of both upon a building, existing on the date of coming into force of this Act: Provided further that, any path, bridge or similar constructions used solely for entering into any building or weather shade or sun shade forming part of the building may, subject to the Building Rules, be constructed within the said three metre limit: Provided also that when the part of the existing building is demolished for the implementation of any town planning scheme, it shall be in such a way as not to adversely affect the remaining portion of the building or the new addition made and the complete responsibility regarding the safety and stability of it shall be on the owner of the building and when he makes such demolition it shall be performed at his own cost and responsibility and he shall not be eligible for any compensation for the said construction and he shall submit a consent letter for this purpose alongwith the application).

Section 383 – The kerala Muncipality Act | DailyLaw.ai