Section 387 in The Orissa Municipal Corporation Act, 2003
387. Power to determine the regular line of street.
(1)The Commissioner may -(a)determine a line on one or both sides of public street :Provided that every regular line of a public street operative under any law for the time being in force in any part of the city on the day immediately preceding the day appointed by the Corporation shall be deemed to be a street line for the purposes of this Act until a street line is determined by the Commissioner under this clause;(b)from time to time, but subject to each case with the previous approval of the Standing Committee, determine a fresh line in substitution for any line so determined or for any part thereof ;Provided that such approval shall not be accorded unless at least one month before the meeting of the Standing Committee at which the matter is decided, public notice of the proposal has been given by the Commissioner by advertisement in the local news-papers and special notice thereof, signed by the Commissioner, has also been fixed up in the street or part of the street for which such fresh line is proposed to be determined and until the Standing Committee has considered all objections to the said proposal made in writing and delivered at the office of the Corporation Secretary not less than three clear days before the day of such meeting.(2)The line of the time being determined shall be called the regular line of the street.(3)A register with plans attached shall be maintained and kept by the Commissioner showing all public streets in respect of which a regular line of the street has been determined and such register shall contain such particulars as may appear to the Commissioner to be necessary and shall be open to inspection.(4)Subject to the provisions of Sub-section (5) no person shall construct or reconstruct any boundary wall or a portion of a boundary wail or any portion of any building on land within the regular line of the street except with the written permission of the Commissioner and in accordance with the conditions imposed therein, and the Commissioner shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Standing Committee :Provided that if, within sixty days from or after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Commissioner fails to acquire the land within the regular line of the street the said person may, subject to any other provisions of this Act or of the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be.(5)When the Commissioner grants permission under Sub-section (4) for the construction or reconstruction of any building or land within the regular line of the street he may require the owner of the building to execute an agreement, binding himself and his successors entitle not to claim compensation, in the event of, the Commissioner at any time thereafter, catling upon him or any of his successors by written notice, to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the Commissioner.(6)The Commissioner may, before granting such permission, require the owner to deposit in the Corporation Office an amount sufficient in his opinion to cover the cost of removal.
