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Bombay Presidency - Section

Section 212 in The Bombay Provincial Municipal Corporations Act, 1949

212. Additional power to Commissioner to order setting back of buildings to regular line of street. - (1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street, he may, if the provisions of section 211 do not apply, by written notice-

(a)require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or(b)require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.
(2)If such owner fails to show sufficient cause to the satisfaction of the Commissioner why such building or any part thereof, which is within the regular line of the street, shall not be pulled down and the land within the said line acquired as aforesaid, the Commissioner may, with the approval of the Standing Committee, require the owner by a written notice to pull down the building or the part thereof which is within the regular line of the street [and where a part of building is required to be pulled down, to also enclose the remaining part by putting up a protecting frontage wall] within such period as is prescribed in the notice.
(3)If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Commissioner may pull down the same [and where a part of a building is pulled down may also enclose, the remaining part by putting up a protecting frontage wall] and all the expenses in so doing shall be paid by the owner.
(4)The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the said line theretofore occupied by the said building and such land shall thenceforward be deemed a part of the public street and shall vest as such in the Corporation.
(5)Nothing in this section shall be deemed to apply to buildings vesting in the [Government],