Section 176 in The Gujarat Municipalities Act, 1963
176. Permission necessary for certain Projections.
(1)The Chief Officer, subject to any by-laws made under the provisions of this Act, and on payment of such fees as may be specified in such bye-laws may give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms to project from any upper storey of such buildings, to an extent not exceeding 1.24 metres beyond the line of the plinth or basement wall of the building; and may prescribe the conditions subject to which permission may be given for the projection over such streets of roofs, eaves, weather-boards, shop-boards and the like.(2)Permission granted under sub-section (1) may be permanent or for such period at a time as may be specified in writing when such permission is granted.(3)(a)Notwithstanding anything proceedings which may be taken under clause (b) of this sub-section, the Chief Officer may, by written notice, require the owner or occupier of any such building to remove or alter any such projection which has been constructed either without, or contrary in any manner to, the permission or orders given or issued by or on behalf of the municipality.(b)Any such owner or occupier putting up any projection as aforesaid without such permission or in contravention of such permission or orders, shall be punished with fine which may extend to one hundred rupees; and if any such owner or occupier fails to remove any projection in respect of which he has been convicted under this section, he shall be punished with further fine which may extend to ten rupees for each day on which such failure or neglect continues.(4)Removal of projection. - The Chief Officer may, by written notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction which, whether made before or after the site of such building became part of a municipal borough, shall have been made against or in front of such building, and which-(a)overhangs just into, or in any way projects, or encroaches upon, any public street, so as to be an obstruction to safe and convenient passage along such street, or(b)projects and encroaches into, upon or over any uncovered aqueduct, drain or sewer in any such street, so as to obstruct or interfere with such aqueduct, drain or sewer or the proper working thereof:Provided always that the Chief Officer shall, if such projection, encroachment or obstruction shall have been made in any place before the date on which such place became part of a municipal borough or after such date with the written permission of the municipality, pay reasonable compensation to every person who suffers damage by such removal or alteration, and if any dispute shall arise touching amount of such compensation the same shall be ascertained and determined in the manner provided in section 268.
