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State of Uttar Pradesh - Section

Section 281 in Uttar Pradesh Municipal Corporation Act, 1959

281. Additional power of Municipal Commissioner to order setting back of buildings to regular line of street.

(1)Where any building or any part thereof is within the regular line of a public street and if, in the opinion of the Municipal Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of Section 280 do not apply, by written notice require the owner of such building to show cause within a period to be specified, why such building or any part thereof which is within the regular line of the street be not pulled down and the land within the said line acquired by the Municipal Commissioner.
(2)If in pursuance of the notice under sub-section (1) the owner fails to show sufficient cause to the satisfaction of the Municipal Commissioner, the Municipal Commissioner may, with the approval of the Executive Committee, require the owner by a written notice to pull down the building or the part thereof which is within the regular line of the street within a period to be specified in the notice.
(3)If within the period specified in the notice under sub-section (2) the owner of such building fails to pull down the building or any part thereof coming within the said line, the Municipal Commissioner may pull down the same and recover all the expenses incurred in so doing from the owner.
(4)The Municipal Commissioner shall also take possession on behalf of the Corporation of the portion of the land within the said line theretofore occupied by the said building, and such land shall thenceforward be deemed a part of the public street and shall vest, as such, in the Corporation.
(5)Nothing in this section shall be deemed to apply to buildings vesting in the State.