Section 389 in The Orissa Municipal Corporation Act, 2003
389. Additional power of Commissioner to order setting back of building to regular line of the street.
(1)If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street, he may, to which the provisions of Section 388 do not apply, by written notice -(a)require the owner of such building to show cause, within such period as is specified in such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and address to the Commissioner, why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or(b)require the said owner on such day and at such time and place as may be specified in such notice to attend personally or by an agent duly authorized by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.(2)If such owner fails to show sufficient cause to the satisfaction of the Commissioner why such building or any part thereof, which is within the regular line of the street, shall not be pulled down and the land within the said line as aforesaid the Commissioner may with the approval of the Standing Committee, require the owner by written notice, to pull down the building or the part thereof which is within a regular line of the street within such period as may be specified in the notice.(3)If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Commissioner may pull down the same and all expenses incurred in so doing shall be paid by the owner.(4)The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the said line occupied by the said building, and such land shall be deemed to be 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.
