Bare ActsKerala Municipality Act, 1994

Section 383A

[Prohibition of constructions abutting the public roads.

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

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 383A inserted by Act 14 of 1999, w.e.f. 24-3-1999. Proviso substituted by Act 14 of 2000, w.e.f. 30-3-2000. Prior to the substitution the proviso as inserted by Act 14 of 1999 read as under: "Provided that any addition whether over or on the sides of any building situated within the said three metres, at the time of coming into force of this Act, shall be allowed subject to the limit of three metres and the rules made under this Act and such sanction shall be in such a manner than where an existing part of the building situated within three metres from the boundary abutting the road of the land on which such building is situated, is to be demolished in connection with the implementation of any town planning scheme, it shall not adversely affect the remaining part of the building or the new addition thereto and the sole responsibility regarding its security and strength shall be on the owner of the building and he shall produce a written consent to this effect along with the application."

Section 383A – Kerala Municipality Act, 1994 | DailyLaw.ai