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State of Himachal Pradesh - Section

Section 174 in The Himachal Pradesh Municipal Corporation Act, 1994

174. Powers in connection with streets.

- The municipality. -
(a)may lay out and make a new public street and construction tunnels and the works subsidiary thereto ;
(b)may widen, lengthen, extend, enlarge, raise or lower the level of or otherwise improve any existing public street vested in the municipality ;
(c)may close temporarily any public street or any part thereof for any public purpose ;
(d)may turn, divert, discontinue or close any public street so vested ;
(e)may provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoin any public street made, widened, lengthened, extended, enlarged, improved, or the level of which has been raised or lowered by the municipality under clauses (a) and (b) or by the State Government ;
(f)subject to the provision of any rule prescribing the conditions on which property may be acquired by the municipality may acquire any land, alongwith the building thereon, which it deems necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred under the preceding clause ;
(g)subject to the provisions of any rules prescribing the conditions on which property vesting in the municipality may be transferred, may lease, sell or otherwise dispose of any property acquired by the municipality under clause (f); or any land vesting in and used by the municipality for a public street and no longer required therefor and in so doing may impose conditions regulating the removal and construction of buildings upon it and the other uses to which such land may be put:
Provided that land owned by proprietors other than the State Government shall become the absolute property of the municipality after it has continuously vested in the municipality for use as a public street for a period of twenty five years ; but that the possession of such land which ceases to be required for use as a public street before the expiry of twenty five years from the time it became vested in the municipality shall be transferred to the proprietor thereof, on payment by him of reasonable compensation to the municipality for the improvements of such land, and subject to such restrictions as the municipality may impose on the future use of such land, and that should the proprietor be unable or unwilling to pay the amount of such compensation the municipality may, subject to such conditions as it may deem fit, sell the land and shall pay to the owner the proceeds, if any, over and above the amount of such compensation, which shall be paid into the municipal fund, or may dispose it of in such manner as it may deem fit.