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State of Andhra Pradesh - Section

Section 177 in Andhra Pradesh Municipalities Act, 1965

177. Setting back projecting buildings or walls.

(1)When any building or part thereof abutting on a public street is within a street alignment defined under Section 175, the Commissioner may, whenever it is proposed--
(a)to rebuild such buildings or take it down to an extent exceeding one half thereof above the ground level, such half to be measured in cubic centimetres, or
(b)to remove, reconstruct or make any addition, to any portion of such building which is within the street alignment, by an order require such building, addition or alteration to be set back to the street alignment;
Provided that such setting back shall not be required in respect of such building or a portion thereof which has not been demolished and rebuilt.
(2)When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Commissioner or otherwise, taken down, or when any private land without any building thereon lies within the street alignment, the Commissioner may forthwith take possession on behalf of the council of the portion of land within the street alignment, and if necessary, clear it.
(3)Land acquired under this section shall be deemed to be a part of the public street and shall vest in the council.
(4)When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub-section (2), the council shall, within ninety days from the date of such setting backing or taking possession, make full compensation to the owner for any direct damage which he may sustain thereby.Explanation. - The expression `direct damage', as used in sub-section (4) with reference to land, means the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the site.