Section 151 in The Gujarat Municipalities Act, 1963
151. Setting back projecting buildings.
(1)If any part of a building project beyond the regular line of a public street as prescribed under section 150 or beyond the front of the building on either side thereof, the municipality may,-(a)if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time; or(b)if the projecting part is not such external structure as aforesaid then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down, require by written notice either that the part or some portion of the part projecting beyond the said regular line or beyond the said front of the adjoining building on either said thereof, shall be removed; or that such building when being rebuilt shall be set back to or towards the said regular line or the front of such building. The portion of land added to the street by such setting back or removal shall thereforth be deemed part of the public street and be vested in the municipality.(2)(a)Acquisition of land which is within the regular line of a street and open or occupied only by platforms etc. - If any land not vested in the municipality, whether open or enclosed, lies within the regular line of a public street, and is not occupied by a building other than a platform, verandah, step or other structure external to a main building the municipality, after giving the owner of the land not less than fifteen clear days' written notice of its intention or if the land is vested in Government, then with the permission in writing of the Collector, may take possession of the said land with its enclosing wall, hedge or fence, if any, and, if necessary, clear the same and the land so acquired shall thenceforward be deemed a part of the public street, and be vested in the municipality.(b)If any such land is occupied by a building and, in the opinion of the municipality, the projecting part of the building is an obstruction to the safe and convenient passage along the public street, the municipality may, for the purpose of removing the projecting part, proceed to acquire the land which lies within the regular line of the public street alongwith the superstructure thereon and the provisions of section 69 shall apply to such acquisition.(3)Compensation payable by the municipality:-Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268, shall be paid by the municipality to the owner of any land added to a street under sub-section (1) or acquired under sub-section (2), for the value of the said land, and to the owner of any building for any loss, damage or expense incurred by such owner in consequence of any action taken by the municipality under either of the said subsections: provided that no such compensation shall be payable in cases to which section 182 applies.(4)When the amount of compensation has been so ascertained and determined or when a ruinous or dangerous building under sub-section (1) has been taken down under the provisions of section 182 the municipality may, after tendering the amount of compensation, if any, as may be payable, take possession of the land so added to the street, and, if necessary, may clear the same.
