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Bombay Presidency - Section

Section 221 in The Bombay Provincial Municipal Corporations Act, 1949

221. Land not to be appropriated for building and private street not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner's directions. - (1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into buildings plots, or make or lay out any private street-

(a)unless such person has given previous written notice of his intention as provided in section 217 not until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any) as may have been fixed and determined under sub-section (1) of section 220;(b)after the expiry of the period of one year specified in sub-section (2) of section 220;(c)unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven day's of the date mentioned in the notice.
(2)If any act be done or permitted in contravention of this section, the Commissioner may by written notice require any person doing or permitting such act-
(a)to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or, if that be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or
(b)to attend personally or by an agent duly authorised by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.
(3)If such person shall fail to show cause to the satisfaction of the Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.