Section 1
. Subs. sec. 61 of by U. P. Act No. 09 of 1994.
1 . Subs. sec. 61 of by U. P. Act No. 09 of 1994.
Provision of laying out and making a street before the construction of building on a site which does not about a public or private street Permission to lay out and make a street
(ii) the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in sub-section (2), or
(iii) the proposed street is not designed so as to connect at least one end with a public street.
No persons shall lay out or make any new private street or road without, or otherwise than in conformity with, the orders of the 1 [Kshettra Panchayat]. If further information is asked of under subsection (3) the laying out or making of the street shall not be commenced until orders have been passed on the application after receipt of such information ;
Provided that the passing of such orders shall not in any case be delayed by more than thirty days after the 1 ―Kshettra Panchayat‖ has received all the information which it considers necessary for the final disposal of the application.
Should the 1[Kshettra Panchayat] neglect or omit for sixty days after the receipt of an application under section 176 to grant the sanction or if an order has been issued under sub -section (3) of the said section asking for further information fails within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the 1 [Kshettra Panchayat] such person may by, a written communication call the attention of the 1 [Kshettra Panchayat] to the omission, neglect or failure and if such omission, neglect or failure continues for a further period of thirty days, the 1[Kshettra Panchayat] shall be deemed to have sanctioned the laying out and making of the proposed street absolutely :
Provided that nothing contained herein shall be construed to authorize any person to act in contravention of any provisions of the Act or any bye-laws.
(1) A sanction given or deemed to have been given by the 1 [Kshettra Panchayat] under section 176 and 177 shall be available for one year.
After the expiry of the said period the proposed street may not be commenced without sanction under the foregoing sections.
Whoever begins, continues or completes the laying out or making of a street without giving the notice required by section 176 on in contravention of any written direction made by the 1 [Kshettra Panchayat] under section 177 or any bye-law or any provisions of this Act shall be liable upon conviction to a fine which may extend to five hundred rupees.
Sanction of the 1 [Kshettra Panchayat] to be presumed for laying out and making a street in certain case
Duration of sanction
Illegal making of a street
Powers of 1 [Kshettra Panchayat]
(1) If any person lays out or makes any street referred to in section 176 without or otherwise than in conformity with the orders
to alter un -sanctioned street and demolish the same
Sanction of 1 "Kshettra Panchayat" to projections over streets and drains
Penalty of reconstruct -tion of projection over streets or drains without permission of the 1[Kshettra Panchayat], the 1 [Kshettra Panchayat] may notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing —
(a) require the offender to show sufficient cause by a written statement signed by him and sent to the 1 [Kshettra Panchayat] on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the 1[Kshettra Panchayat] or if such alteration be impracticable why such street should be demolished, or
(b) require the offender to appear before the 1 [Kshettra Panchayat] either personally o by a duly authorized agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the 1[Kshettra Panchayat], the 1 [Kshettra Panchayat] may pass such order directing the alteration or demolition of the street as it thinks fit.
(1) Subject to any rules made by the State Government prescribing the conditions for the sanction by a 1 [Kshettra Panchayat] of projections over streets or drains in a controlled rural area, a 1 [Kshettra Panchayat] may give written permission, where provision is made by a bye-law for the giving of such permission —
(a) to the owners or occupiers of buildings in or on streets to erect ore -erect open verandahs, balconies, or rooms to project over the street from any upper story thereof, at such height from the surface of the street, and to such an extent beyond the line of the plinth or basement wall as are prescribed in such bye-laws ; and
(b) to the owner or occupier of any building or land to erect or reerect any projection or structure so as to overhang project into or encroach on or over a drain in a street to such an extent, and in accordance with such conditions, as are in like manner prescribed.
In giving permission, under clause (a) of sub-section (1) a 1 [Kshettra Panchayat] may prescribe the extent to which, and the conditions under which any roofs, caves, weather boards, shop-boards and the like may be allowed to project over such streets.
Any person erecting or re-erecting any such projection or structure as is referred to in section 181 without the permission thereby required or in contravention of any permission given thereunder shall be liable on conviction to a fine which may extend to two hundred and fifty rupees.
Power to remove encroachments and projections over streets and drains
Power to require leveling, paying, etc. of streets
Power to require the projection of streets during erection of buildings, etc
The 1 [Kshettra Panchayat] may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projecting into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein :
Provided that in the case of any such projection or structure lawfully in existence on or before the commencement of this Act the 1 [Kshettra Panchayat] shall make compensation for any damage caused by the removal or alteration, which shall not exceed three times the cost of erection and demolition.
(1) If in the controlled rural area any private street or par thereof if not leveled, played, metaled, flagged, channeled or drained to the satisfaction of the 1[Kshettra Panchayat], the 1 [Kshettra Panchayat] may by notice require the owners ro occupiers of premises fronting, or abutting such street or part thereof to carry out work which in its opinion may be necessary and within such time as may be specified in such notice.
If such work is not carried out within the time specified in the notice, the 1[Kshettra Panchayat] may, if it thinks fit, execute it and the expenses incurred shall be recovered from the owners or occupiers in default under Chapter VIII according to the frontage of their respective premises and in such proportion as may be settled by the 1 [Kshettra Panchayat] .
If any street has been leveled, played, metaled, flagged, channeled and drained under the provisions of the preceding subsections, such streets shall, on the requisition of not less than three fourths of the owners thereof, be declared a public street.
(1) No person shall cut down any tree or cut off a branch of any tree, or erect ro re -erect or demolish any building or part of a building or alter or repair the outside of any building where such action is of a nature to cause obstruction, danger ro annoyance, or risk of obstruction, danger or annoyance, to any person using a street, without the previous permission in writing of the 1 [Kshettra Panchayat] .
The 1 [Kshettra Panchayat] may at any time by notice require that any person doing or proposing to do any of the acts referred to in sub -section (1) shall refrain from beginning or continuing the act unless he puts up, maintains and provides from sunset to sunrise with sufficient lighting such hoardings or screens as are specified or described in the notice, and may further at any time by notice require the removal within time to be specified in the notice, of any screen or hoarding erected in anticipation or in pursuance of any of the said acts.
Whoever contravenes the provisions of sub-section (1) shall be liable on conviction to a fine which may extend to fifty rupees and
Power to require trimming of hedges and trees
Power to remove accidental obstructions
Regulation of troughs and drain water pipes affecting a street
Power to construct, improve and provide sites on public streets
Act I of 1894
of a further fine which may extend to five rupees for every day on which contravention continue after the date or the first conviction.
The 1 [Kshettra Panchayat] may, by notice, require the owner or occupier of any land in a controlled rural area to cut or trim the hedges growing thereon and bordering on a street or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.
When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain or encumber a street, the 1[Kshettra Panchayat] may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VIII, or may, by notice, require the owner to remove the same within a time to be specified in the notice.
The 1[Kshettra Panchayat] may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land and for discharging the same in such manner as the 1[Kshettra Panchayat] may think fit, so as not be inconvenience persons passing along the street.
Public Streets
A 1[Zila Panchayat] or a 1 [Kshettra Panchayat] may —
(a) lay out and make a new public street and construct tunnels and other works subsidiary to the same,
(b) widen, lengthen, extend, enlarge or otherwise improve any existing public street, if vested in the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat], as the case may be,
(c) subject to such conditions as may be prescribed, turn, divert, discontinue or close any public street so vested ;
(d) provide within its discretion building sites of such dimensions as it thinks fit to about on or adjoin any public street made, widened, lengthened, extended, enlarged or improved by it under clauses (a), (b) and (c) or by the State Government,
(e) subject to the provisions of any rule prescribing the conditions on which property may be acquired by it acquire by agreement with the owner or under the Land Acquisition Act, 1894 or any other existing law any land along with the building thereon which it considers necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred by the preceding clauses, and
Roop's Law Assist