(1)When any building or part thereof aboutting on a public road is within a road alignment defined under Section 238 the Executive Officer may, whenever it is proposed-(a)to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level such half to be measured in cubic feet; or(b)to remove, reconstruct or make any addition to any portion of such building which is within the road alignment;in any order which the issues concerning rebuilding, alteration or repair of such building require such building to be set back to the road alignment.(2)When any building or any part thereof within the road alignment falls down or is burnt down or is whether by order of the Executive Officer or otherwise taken down or any private land without any building thereon lies within the road alignment the Executive Officer may forthwith take possession on behalf of the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] of the position of land within the road alignment and if necessary clear it.(3)Land taken possession of under this section shall be deemed to be a part of public road shall vest in the [Municipality.] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.](4)When any building is set back in pursuance of any requisition made under Sub-section (1) or when the Executive Officer takes possession of any land under Sub-section (2), the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] shall forthwith make full compensation to the owner for any direct damage which he may sustain thereby.Explanation. - The expression "direct damage" as used in Sub-section (4) with reference to land means the market-value of the land taken and the depreciation, if any, in the ordinary market-value of the rest of the land resulting from the area being reduced in size but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land although such use may be injuriously affected by the reduction of the site.
