Section 447 in The Orissa Municipal Corporation Act, 2003
447. Provisions as to buildings which are to be newly erected.
(1)The erection of any new building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner.(2)The erection of any such building in any part of the city in which the position and direction of the streets likely to be required in future, but not yet been laid down or determined shall, with the approval of the Standing Committee, be disapproved by the Commissioner, unless the site proposed for such building is, in the opinion of the Commissioner such as with reference to the position occupied by the buildings if any, already existing in the neighbourhood, will admit the construction in the future of one or more new streets convenient for the occupiers of all the buildings in the neighbourhood and for the purpose of drainage, water supply and ventilation.Provided that any person whose buildings is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future streets in the vicinity of his intended building be forthwith laid down and determined and if such requisition be not complied with within six months from the date thereof may, subject to all other provisions of this Act applicable thereto, proceed with the erection of his building.(3)The foundation of any such building shall not be constructed on any site which has been filled up with, or has been used as a place for depositing excrementitious matter or the carcasses or other filthy or offensive matter,until such matters are properly removed to the satisfaction of the Commissioner.(4)Every such building intended to be used as dwelling shall be built with a plinth of at least two feet above the center of the nearest street and not below such standard level as may be fixed by the Commissioner in this behalf.(5)In addition to any means of ventilation required by any bye-law made under this Act, every such building intended to be used as a dwelling shall be so constructed that the whole or at least one side of every room thereof shall either be an external wall or abut on an interior open space and-(a)in case of external wall, except where it faces a street of not less than fifteen feet in width, it shall have between it and the boundary line of the owner's premises an open space, extending throughout the entire length of such wall, at least two feet wide or, in the case of a chawl or building intended to form a range of separate rooms for lodgers at least five feet wide; and(b)in case of interior open space, it shall have an area equal to not less than one-tenth of the aggregate floor-area of all the rooms abutting thereon and shall not be in any direction less than six feet across :Provided that every open space, whether exterior or interior required by this Sub-section, shall be and be kept free from any structure thereon and open to the sky, and shall be kept open to access from each end thereof.(6)Every room intended to be inhabited in any such building, except a room on the roof thereof, shall be in every part at least ten feet in height from the floor to the ceiling.(7)Every such room on the roof of any such building shall have an average height or atleast eight feet from the floor to the ceiling.(8)Every room shall have a clear superficial area of not less than one hundred square feet.(9)In addition to any means of ventilation required by any bye-law made under this Act every room shall be ventilated by means of doors or windows which open directly into the external air and have an aggregate opening equal to not less than one-fourth of the superficial area or the side of the room which faces an open space.(10)Huts or sheds or ranges or blocks of huts or sheds, whether the same are to be used as dwelling or stables or for any other purpose, shall be built, if the Commissioner thinks fit so to require -(i)that they may stand in regular lines with a free passage or way in front of and between every two lines of such width as the Commissioner thinks proper for ventilation;(ii)that there may be such number of privies, latrines or urinals and such means of drainage as the Commissioner deems necessary; and(iii)at such a level as will suffice for the means of drainage as required by the Commissioner.
