Section 149 in The Gujarat Municipalities Act, 1963
149. New private streets.
(1)Every person intending to lay out or make any new street, shall give notice, in writing thereof to the Chief Officer and shall furnish plans and sections showing the intended level, means of drainage, direction and width of such street, and such other particulars as may be required by the by-laws in force in this behalf; and save as hereinafter provided, the level, means of drainage, direction and width of every such street shall be fixed or approved by the executive committee.(2)Power to municipality to pass interim orders. - Before passing orders under sub-section (1), the executive committee may either issue a provisional order directing that for a period therein specified, which shall not be longer than one month from the date of such order the intended work shall not be proceeded with or demand further particulars.(3)Right to proceed in certain case. - If-(a)within one month from the receipt of the notice given under sub-section (1) the executive committee has neither-(i)passed orders and served notice thereof either fixing or disapproving the proposals submitted under sub-section (1) with regard to level, means of drainage, direction and width of the street; nor(ii)under sub-section (2) issued any provisional order or demand for further particulars, or(b)the executive committee, having issued such demand for and having received in accordance with the demand such further particulars, has issued no further orders within one month from the receipt of such particulars, then within a period of one year from the date on which the person giving notice under sub-section (1) becomes entitled to lay out or make the street, the street may be laid out and made, in such manner as may have been specified in the notice under sub-section (1) and as is not inconsistent with any provision of this Act or of any bye-law for the time being in force thereunder.(4)Penalty. - Whoever lays out or makes any such street either without giving the notice required by sub-section (1) or, except in accordance with the provisions of subsection (3), without awaiting or otherwise than in accordance with the instructions issued by the executive committee, or in any manner contrary to the provisions of this Act or of any bye-law in force thereunder, shall be punished with fine which may extend to one thousand rupees; and the executive committee may cause any street so laid out or made to be altered and, any building constructed in such street to be altered or removed and the expense thereby incurred shall be paid to it by the offender, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.
