Section 223 in Chennai City Municipal Corporation Act, 1919
223. [ Power to allow certain projections and erections. [Substituted by section 114 of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).]
(1)The commissioner may grant a licence, subject to such conditions and restrictions as he may think fit, to the owner or occupier of any premises-(a)to put up or continue to have verandas, balconies, sunshades, weather frames and the like, to project over a street, or(b)in streets in which the construct ion of arcades has been sanctioned by the council, to put up or continue to have an arcade, or(c)[ to construct or to continue to have any step or drain-covering necessary for access to the premises.](2)With the concurrence of the commissioner of police, the commissioner may grant a licence, subject to such conditions and restrictions as he may think fit, for any temporary construction in any street or in any public place, the control of which is vested in the corporation.(3)No licence shall be granted under sub-section (1) if the projection or construction is likely to be injurious to health or cause public inconvenience or otherwise materially interfere or result in material interference with the use of the road as such.(4)On the expiry of any period for which a licence has been granted under this or after due communication of an order of suspension or revocation of such licence, the commissioner may, without notice, cause any projection or construction put up under sub-section (1) or (2) to be removed, and the cost of so doing shall be recoverable in the manner provided in section 387 from the person to whom the licence was granted.(5)[ The council shall have power to lease road sides and street margins vested in the corporation for occupation on such terms and conditions and for such period as it may fix:] [Sub-section (5) was added by section 61(ii) by Act 56 of 1961.]Provided that no such lease for any term exceeding three years shall be valid unless the sanction of the State Government therefor shall have been first obtained:Provided further that if the State Government consider that any occupation of a road side or street margin under a lease granted by the council under this section is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road side or street margin as such, the State Government may direct the council to cancel or modify the lease and the council shall thereupon cancel or modify the lease accordingly.]
