Section 310 in The City of Nagpur Corporation Act, 1948
310. Levelling, metalling, etc. of streets.
(1)If any street be not levelled, paved, lighted, sewered, drained, channelled or flagged to the satisfaction of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] he may, by a written notice, require the owner or owners of the street and the owners of the several premises fronting or adjoining the said street or abutting thereon, or to which access is obtained through such street, or which will benefit by works executed under this section, to contribute in such proportions as he may direct to the cost of levelling, metalling, tarring or asphalting, paving, lighting, sewering, draining, channelling or flagging the same.(2)The notice shall show,-(a)the nature of the intended works;(b)the estimated expenses thereof including 5 per cent for contingencies; and(c)the proportion of the expenses payable by each owner.(3)Any person dissatisfied with the notice of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] calling upon him to contribute towards the cost may appeal to the District Court, Nagpur.(4)Every such appeal shall be presented within thirty days from the date of the receipt of the notice issued under sub-section (1) and shall be accompanied by a copy of the said notice.(5)The provisions of Parts II and III of the Indian Limitation Act, 1908, relating to appeals shall apply to every appeal preferred under this section.(6)On recovery of the full amount of the estimated expenses, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall carry out the work with all convenient speed.(7)Any expenditure involved over and above the amount so recovered shall be met from the municipal fund; but if the actual cost of the work as finally completed is less than the estimated cost, the surplus shall be refunded to the contributors proportionately to their contributions in all cases where a refund would amount to not less than fifty rupees.(8)If no appeal is prefer red under sub-section (3) within the period specified in sub-section (4), or if an appeal is preferred and no effect is given to the decision of the District Court affirming the order of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may execute the work mentioned in the notice referred to in sub-section (1) and may recover the expenses incurred in so doing from the owners in default in the proportion specified in the said notice.[Provision for parking or halting places or lots [This sub-heading and section 310A was inserted by Maharashtra 13 of 1992, Section 26.]
