Section 349 in Gauhati Municipal Corporation Act, 1971
349. Prohibition of projection upon street, etc.
(1)No person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will -(a)Overhang or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or(b)Project into or encroach upon an drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection of cleansing thereof.(2)The Commissioner by a notice require the encroacher or owner or occupier of any premises to remove, or to take such other action as he may direct in relation to any structure or fixture which has been erected, set up, added to, or placed against, or in front of the said premises in contravention of this section.(3)If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice. In case the owner or occupier fails to comply with such notice, the Commissioner will remove or alter any such structure or fixture as contained in the notice or take such steps to remove such encroachments as he may deem fit.
