Section 395 in The Orissa Municipal Corporation Act, 2003
395. Making of new private street.
(1)Any person intending to lay out or make a new private street shall send to the Commissioner a written application with plans showing the following particulars, relating to -(a)the intended level, direction and width of the street;(b)the street alignment and the building line; and(c)the arrangements to be made for leveling, paving, metalling, flagging, channeling, swearing, draining, conserving and lighting the street, and the Commissioner shall forthwith forward the application to the Standing Committee for its consideration and approval.(2)The provisions of this Act and of any rules or bye-laws made thereunder as to the level of land width of public streets and height of buildings abutting thereon shall apply also in the case of streets referred to in Sub-section (1) and all the particulars referred to in that Sub-section shall be subject to approval by the Standing Committee.(3)Within sixty days after the receipt of any application under Subsection (1) the Standing Committee shall pass order either approving the making of street subject to such conditions as it may think fit or refusing it or asking further information with respect to it.(4)An application filed under Sub-section (1), -(i)if the proposed street would conflict with any arrangements which have been made or which are in the opinion of the Standing Committee likely to be made, tor carrying out any general scheme of street improvement; or(ii)if the proposed street does not conform to the provisions of Subsection (2); or(iii)if the proposed street is not designed so as to connect at one end with a street which is already open, may be refused by the Standing Committee, which shaft be communicated by the Commissioner to the applicant.(5)No person shall lay out or make any new private street, without or otherwise than in conformity with, the orders of the Standing Committee and if further information from such person is asked for, no steps shall be taken by such person to lay out or make the street until orders have been passed upon receipt of such information :Provided that the passing of such orders shall not in any case be delayed for more than sixty days after; the Standing Committee has received all the information which it considers necessary enabling it to deal finally with the said application.(6)If the Standing Committee does not pass any order either approving the making of the street on refusing the same within sixty days from the receipt of the application under Sub-section(1) by the Commissioner, it shall be deemed that the order of approval has been passed and the applicant may proceed to make the street, but not so as to contravene any of the provisions of this Act or the rules or bye-laws made under this Act:Provided that in computing the period of sixty days, the period in between the date of requisitioning any further information from the applicant and the date of receipt of such information from the applicant shall be excluded.
