Amendment status not verified — confirm the current text below against the official source.
(1) The Municipal Commissioner may, with due regard to the minimum widths prescribed for various categories of streets including lhe footpaths abutting the same, define lhe regular line on one or both sides of any public slreel or portions thereof in accordance wilh the rules and the regulations made in this behalf and may, wilh Lhe previous sanction of lhe Corporaiion, redefine at any lime any such regular line; Provided that, before redefining such regular line, the Corporaiion shall, by public noiice, afford a reasonable opportunity to lhe residents of premises abutting on such public street lo make suggestions or objections wilh respeci to the proposed redefinition and shall consider all sufch suggestions or objections which may be made within one month from the date of publication of such notice; 752 The Kolkata Municipal Corporation Act, 1980. [Wesl Ben. Act (Pan VI.—Town Planning, Lam! and Land Use Controls- Chapter XXI.—Streets and public places.-— B. Regular line of street.—Section 358.) Provided further thai lhe sireel alignment of any public street operative under any law in any pari of '[KolkataJ immediately before lhe commencement of ihis Act shall be deemed lo be a regular line defined by the Municipal Commissioner under this sub-section. (2) The line Tor the lime being defined or redefined shalj be called the regular line of lhe sireel. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall wiihin the regular line of a street. (4) The Municipal Commissioner shall maintain a register, coiiiainiug such particulars as may be prescribed, with plans aiiached thereto showing all public streets in rcspeci or which lhc regular line of such streets lias been defined or redefined. (5) All such registers shall be open lo inspection by any person on payment of sueh fee, and any extract therefrom may be supplied on payment of such charges, as may be determined by the Corporation by regulations. ■(6) Nol withstanding anything contained in the foregoing provisions of this section, the Corporation may, ir il considers expedient so to do, canccl partly or wholly, or modify, the regular line of a public street after a period of len years from the date or defining lhc said regular line, provided the object for which lhc said regular line was defined has not been completed wiihin Lhc said period; Provided Lliat the Corporalion shall, before such cancellation or modification of such regular line, afford, by public nolice, a reasonable opportunity to the residents of the premises abutting on such public street Lo make suggestions or objections with respect io the proposed cancellation or modification of the regular line as aforesaid and shall consider all suggestions or objections which may be made wiihin one month fram lhe dale of publication of such notice. Selling back 35^ n) [f any pari of a building abullins on a public street is within building in , , /,r - - , regular iinc the regular line of that sireel, lhe Municipal Commissioner may, whenever orwriKi. ii is proposed— (a) lo repair, rebuild or construct such building or to pull down such building Lo an exlenl measured in cubic meire exceeding one-ha If thereof above Ihe ground level, or (b) lo repair, remove, construct or reconstruct or make any additions lo, or structural alterations of, any portion of such building which is wiihin the regular line of lhe street, '■SVt' fool-nole 2 on page 573, tunc. -The sub-ieciian (6) was inserted by s. 27 of ihe Caleuld Municipal Corporalion (Amendmem) Acl. 1997 (Wcsl Ben. Act XXVI of (997). The Kolkaia Municipal Corporation Acl, 1930. 753 LIX of 1980.] Selling forward or building lo regular line of slreel. Compulsory selling back or building lo regular line of slreel, (Part VI.—Town Planning, Land and Land Use Controls— Chapter XXI.—Si reels and public places.— it. Regular line of street.—Sections 359, 360.) by an order as rcspecis [he additions LO or rebuilding, construction, repair or alterations of such building, require such building io be sel back (o the regular line of such street. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by reason of any order of ihe Municipal Commissioner or otherwise, taken down, ihc Municipal Commissioner may forthwith take possession, oil behalf of the Corporaiion, of the portion of the land within the regular line or the street heretofore occupied by such building and, if necessary, clear the same. (3) Lund acquired under this section shall be deemed Lo be a pan of the public street and shall vest in the Corporation. 359, (L) Where any building or any pari thereof is wilhin lhe regular line of a public street and, in Ilie opinion of the Municipal Commissioner, it is neccssary to set back such building or part thereof lo ihc regular line of such street in pursuance of any development plan, he may, by a notice served on the owner of such building in accordance with the provisions of this Act. require him lo sliow cause wilhin such period as may be specified in lhe noiice as to why such building or pari thereof which is wilhin the regular line of such street should not be pulled down and Lhe land wilhin the regular iine acquired by the Municipal Commissioner on behalf of lhe Corporaiion. (2) If the owner fails to comply wilh the requirements of the notice under sub- seciion (I), ihc Municipal Commissioner may, wilh the approval of lhe Mayor-in- Council, pull down lhe building or pari ihereor and all expenses incurred in so doing shall be paid by Lhe owner and recoverable from him as an arrear of tax under Ihis Acl. (3) The Municipal Commissioner shall, immedialely afler any building or pari thereof is pulled down under sub-section (2), take possession, on behalf of the Corporation, of the portion of the land wilhin the regular line of the street occupied by such building or pari thereof and such land shall thereupon be deemed lo be a part oT the public street and shall vest in lhe Corporation.