(1)Where any building or part thereof abutting on a public street is within a street alignment defined under section 350, the Secretary may, whoever, it is proposed-(a)to rebuild such building or take it down to an extent exceeding one half thereof above the ground level, such half to be measured in pubic metre; or(b)to remove, reconstruct or make any addition to any portion of such building, which is within a street alignment;in any order which is issued concerning the rebuilding, alteration or repair of such building, require such building to set back to be the street alignment.(2)Where any building or any part thereof within a street alignment falls down or is burnt down or is, whether by order of the Secretary or otherwise, taken down, or where any private land without any building thereon lies within a street alignment, the Municipality may acquire under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), the portion of land within the street alignment and if necessary, clear it.(3)Land acquired under this section shall be deemed to be a part off the public street and shall vest in the Municipality.(4)Where any building is set back in pursuance of any requisition made under sub section (1), the Municipality shall forthwith make full compensation to the owner for any direct damage which be may sustain thereby.Explanation. - The expression "direct damage' as used in sub-section(4) with reference to lands means the market value of the land acquired and the depreciation, if any, in the ordinary market value of rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the site.
