255. Power to allow certain projections and erections.
(1)The [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may grant a licence, subject to such conditions and restrictions as it may think fit, to the owner or occupier of any premises to put up verandahs, balconies, sunshades, weather-frames and the like, to project over a road or in roads in which the construction of arcades has been sanctioned by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.], to put up an road; or to construct any step or drain covering necessary for access to the premises.(2)The Executive Officer may grant a licence, subject to such conditions and restrictions, as he may think fit, for the temporary erection of pendals and other structures in a public road vested in the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] or in any other public place, the control of which is vested in the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.].(3)The [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] shall have powers to lease road-side and margins vested in it for occupation on such terms and conditions and for such period as the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may fix.(4)But neither a licence under Sub-section (1) nor a lease under Sub-section (3) shall be granted if the projection, construction or occupation is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.(5)The State Government may, by notification, restrict and place under, such control, as they may think fit, the exercise by [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] in general or by any [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] in particular, of the power under Sub-section (1) and (3).(6)On the expiry of any period for which a licence has been granted under this section, the Executive Officer may, without notice, cause any projection or construction put up under Sub-section (1) or (2) to be removed, and the cost of so doing shall be recoverable as a tax in the manner provided in Section 345 from the person to whom the licence was granted.
