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State of Odisha - Section

Section 248 in Orissa Municipal Act, 1950

248. Making of new private roads.

(1)Any person intending to make or lay out a new private road shall send to the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] a written application with plans and sections showing the following particulars, namely :
(a)the intended level, direction and width of the road;
(b)the road alignment and the building line; and
(c)the arrangements to be made for levelling, paying, metalling, flagging, channeling, sewering, draining, conserving and lighting the road.
(2)The provisions of this Act and of any rules or bye-laws made under this Act as to the level and width of public road and the height of buildings abutting thereon shall apply also in the case of roads referred to in Subsection (1) and all the particulars referred to in that sub-section shall be subject to approval by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.].
(3)Within sixty days after the receipt of any application under Subsection (1), the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] shall either sanction the making of the road on such conditions as it may think fit, disallow it or ask for further information with respect to it.
(4)Such sanction may be refused -
(i)if the proposed road would conflict with any arrangement which have been made, or which are in the opinion of the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] likely to be made, for carrying out any general scheme for the laying out of roads;
(ii)if the proposed road does not conform to the provisions of the Act, rules and bye-laws referred to in Sub-section (2); or
(iii)if the proposed road is not designed so as to connect at one and with a road which is already open.
(5)No person shall make or lay out any new private road without or otherwise than in conformity with the orders of the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.]. If further information is asked for no steps shall be taken to make or lay out the road until orders have been passed upon receipt of such information:Provided that the passing of such order shall not in any case been delayed for more than sixty days after the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] has received all the information which it considers necessary to enable it to deal finally with the said application. Any application not disallowed within a period of one hundred and twenty days from the date of receipt by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] shall be deemed to have been sanctioned.