Section 329 in The M.P. Municipal Corporation Act, 1956
329. [ Levelling, metalling, etc. of streets. [Substituted by M.P. Act No. 11 of 1977.]
(1)If any street be not levelled, paved, lighted, severed, drained, channelled or (lagged to the satisfaction of the Commissioner, he may, with the approval of the [Mayor-in-Council] by a written notice, require the owner or owners of the street and the owners of the several premises fronting or adjoining the said street, or abutting thereon, or to which access is obtained through such street, or which will benefit by works executed under this section, to contribute within thirty days from the date of receipt of notice in such proportions as he may direct to the cost of levelling, metalling, tarring or asphalting, paving, lighting, sewering, draining, or flagging the same.(2)The notice shall show-(a)the nature of the intended works;(b)the estimated expenses thereof including 5 percent for contingencies;(c)the proportion of the expenses payable by each owner.(3)Any person dissatisfied with the notice of the Commissioner calling upon him to contribute towards the cost may appeal to the Revenue Commissioner and the decision of the Revenue Commissioner thereon shall be final.(4)Every such appeal shall he presented within thirty days from the date of the receipt of the notice issued under sub-section (I) and shall be accompanied by a copy of the said notice subject to order that may be passed in appeal, the notice issued under sub-section (1) shall be final.(5)The provisions of Part II and III of Limitation Act, 1963 (No. 36 of 1963), relating to appeals shall apply to every appeal preferred under this section.(6)If the person on whom a notice is served under sub-section (1), does not within thirty days of the receipt of such notices :-(a)pay the sum demanded in the notice; or(b)show-cause to the satisfaction of the Commissioner why he should not pay the same; or(c)prefer an appeal in accordance with the provisions of sub-section (3),such sum with all costs of recovery may be recovered under a warrant in the form prescribed by bye-laws signed by the Commissioner-(i)by distress and sale of the movable property belonging to such person;(iii)by attachment and sale of the immovable property belonging to him :Provided that where any precautionary or other measures in respect of any such property have been taken by the Government for the recovery of any sum claimed by it, no proceedings shall be taken or continued under this section, in respect of such property, until the Government claim has been paid off.(7)Where the property referred to in sub-section (6) is within the limits of the Corporation, the warrant shall be addressed to an officer of the Corporation and where the property is outside the limits of the Corporation to the Collector of the district concerned :Provided that the officer to whom the warrant is addressed may endorse such warrant to a subordinate officer.(8)For every warrant issued under sub-section (6) fee shall be charged at the rates specified in the bye-laws and the said fee shall be included in the costs of recovery.(9)On recovery of the full amount of the estimated expenses, the Commissioner shall carry out the work with all convenient speed.(10)If the expenditure involved is more than the amount recovered, the Corporation shall have powers to recover the difference in the same manner in which the original amount was recovered; but if the actual cost of the work as finally completed is less than the estimated cost, the surplus shall he refunded to the contributors proportionately to their contribution in all cases where a refund would amount to not less than fifty rupees.]Conversion of streets into public streets
