Section 288 in Karnataka Municipal Corporations Act, 1976
288. Power to allow certain projections and erections.
(1)The Commissioner may grant a licence subject to such conditions and restrictions as he may think fit to the owner or occupier of any premises,-(a)to put-up or continue to have verandahs, balconies, sun-shades, weather frames and the like to project over a street; or(b)in streets in which the constructions of arcades has been sanctioned by the corporation to put up or continue to have an arcade; or(c)to construct any step or drain-covering necessary for access to the premises.(2)The Commissioner may grant a licence subject to such conditions and restrictions as he may think fit for any temporary construction in any street or in any public place the control of which is vested in the corporation.(3)No licence shall be granted under sub-section (1) if the projection or construction is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.(4)On the expiry of any period for which a licence has been granted under this section or after due communication of an order of suspension or revocation of such licence the Commissioner may, without notice, cause any projection or construction put up under sub-section (1) or (2) to be removed, and the cost of so doing shall be recoverable in the manner provided in section 470 from the person to whom the licence was granted.(5)The corporation shall have power to lease road sides and street margins vested in the corporation for occupation on such terms and conditions and for such period as it may fix:Provided that no such road sides and street margins shall be leased out for any term exceeding three years without prior sanction of the Government:Provided further that if the Government consider that any occupation of a road side or street margin under a lease granted by the corporation under this section is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road side or street margin as such, the Government may direct the corporation to cancel or modify the lease and the corporation shall thereupon cancel or modify the lease accordingly.
