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State of Karnataka - Section

Section 181 in Karnataka Municipalities Act, 1964

181. Setting back projecting buildings.

(1)If any part of a building projects beyond the regular line of a public street as prescribed under section 179 or beyond the front of the building on either side thereof, the municipal council may,-
(a)if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time, or
(b)if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burnt down or has fallen down, require by written notice either that the part, or some portion of the part, projecting beyond the said regular line or beyond the said front of the adjoining building on either side thereof, shall be removed, or that such building when being rebuilt shall be set back to or towards the said regular line or the front of such building; and the portion of the land added to the street by such setting back or removal shall thenceforth be deemed part of the public street and be vested in the municipal council.
(2)If any land, not vested in the municipal council whether open or enclosed, lies within the regular line of a public street and is not occupied by a building other than a platform, verandah, step or other external structure, the municipal council, after giving the owner of the land not less than fifteen clear days' written notice of its intention, or if the land is vested in the Government, then with the permission in writing of the Deputy Commissioner, may take possession of the said land with its enclosing wall, hedge or fence, if any, and, if necessary, clear the same; and the land so acquired shall thenceforward be deemed a part of the public street, and shall vest in the municipal council.
(3)Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268, shall be paid by the municipal council to the owner of any land added to a street under sub-section (1) or acquired under sub-section (2), for the value of the said land, and to the owner of any building for any loss, damage or expense incurred by such owner in consequence of any action taken by the municipal council under either of the said sub-sections, provided that no such compensation shall be payable in cases to which section 213 applies.
(4)When the amount of compensation has been so ascertained and determined or when a ruinous or dangerous building falling under sub­section (1) has been demolished under the provisions of section 213 the municipal council may, after tendering the amount of compensation, if any, as may be payable, take possession of the land so added to the street, and, if necessary, may clear the same.