Section 1
. Subs. by sec. 61 U. P. Act No. 09 of 1994.
1 . Subs. by sec. 61 U. P. Act No. 09 of 1994.
(f) subject to the provisions of any rule prescribing the conditions on which property vested in it may be transferred, lease, sell or otherwise dispose of any property acquired by it under clause (e) or any land used by it for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed, and as to any other matter that it deems fit.
Provided that in undertaking work under this section the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat], as the case may be, shall in no case interfere with or encroach upon any place of worship or religious sanctity.
(1) 1 [Kshettra Panchayat] may at any time, and shall when required by a requisition under sub-section (3) of section 184 by public notice posted up in any street that is not a public street, or in a part of such street, give intimation of its intention to declare the same a public street. Within two months next after such notice has been so posted up, the owner or owners of such street or such part of a street, or of a greater portion thereof may lodge objections addressed to the 1 [Kshettra Panchayat] against the notice. The 1 [Kshettra Panchayat] shall consider the objections lodged and if it rejects them, may, by further public notice posted up in such street or such part, declare the same to be a public street.
Any public notice required under sub-section (1) shall, in addition to being posted up in the street, be published in a local paper, if any, or in such other manner as the 1 [Kshettra Panchayat] thinks fit.
The 1 [Kshettra Panchayat] may also exercise the power conferred by this section in respect of a street or part of a street which it wants to include amongst district roads.
(1) Whenever the appropriate authority considers it expedient to define general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so.
Every such notice shall specify a period within which objections will be received.
The appropriate authority shall consider all objections received within the specified period and may then pass a resolution defining the said line, and the line so defined shall be called [the regular line of the street] ;
Provided that the general line so defined shall conform to the requirements of any rule made in this behalf.
Thereafter it shall not be lawful for any person to erect, reerect or alter a building or part of a building so as to project beyond
Declaration of a street as a public street
Power to regulate fine of buildings on Public streets
the regular line of the street, unless he is authorized to do so by sanction granted under section 165 or by a permission in writing and the appropriate authority is hereby empowered to grant such permission under this section.
Any owner of land who is prevented by the provisions of this section from erecting, re-erecting or altering any building on any land may require the appropriate authority to make compensation for any damage which he may sustain by reason of such prevention, and upon the payment of compensation in respect of any land situated within the regular line of the street such land shall vest in the appropriate authority.
The appropriate authority may, by notice, require the alteration or demolition of any building or part of a building erected, reerected ro altered in contravention of sub -section (4).
(1) The appropriate authority shall, during the construction or repair of a public street or of any water channel, drain of premises vested in it, or whenever any public street, water channel drain or premises vested in it has, for want of repair, or otherwise become unsafe for use by the public, take all necessary precautions against accident by—
(a) shoring up and protecting adjacent buildings,
(b) fixing bars, chains or posts across or in any street for the purpose of preventing or diverting traffic during such construction or repair, and
(c) guarding and providing with such sufficient lighting from sunset to sunrise any work in progress.
Whoever, without the authority or consent of the appropriate authority, in any way interferes with any arrangement of construction made by the appropriate authority under sub-section (1) or guarding against accident shall be liable on conviction to fine which may extend to fifty rupees.
Protection of sources of water supply
(1) The 1 [Kshettra Panchayat] may, and when so required by the 1[Zila Panchayat] shall, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good repair and to clean the same, from time to time, of silt, refuse ro decaying vegetation, and may also require him to protect the same from pollution in such manner as the 1 [Kshettra Panchayat] may think fit.
Duties of appropriate authority when constructing public streets, etc.
Power to require private water source, etc. to be cleaned or closed
When the water of any such water-course, spring, tank, well or other place so proved to the satisfaction of the 1 [Zila Panchayat] or
Emergent powers on outbreaks of epidemic
Removal of latrines, etc. near any source of water supply
Unauthorized construction, etc. over drain of water work the 1[Kshettra Panchayat] to be unfit for drinking, the 1 [Zila Panchayat] or the 1[Kshettra Panchayat] may, by notice, require the owner or person having control thereof to desist from so using such water or permitting others to so use it, and if, after such notice, such water used by any person for drinking, the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat] , as the case may be, may, by notice, require the owner or person having control thereof to close such well, either temporarily or permanently or to enclose or fence such water -course, spring, tank, well or other place in such manner as it may direct so that the water thereof may not be so used.
In the event of the rural area of the district, or any part thereof, being visited with an outbreak of cholera or other infections disease notified in this behalf by the State Government, the Adhyaksha of the 1[Zila Panchayat] or the Pramukh of the 1 [Kshettra Panchayat], or any person authorized by any of them in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further take such steps as he deems fit to prevent the removal of water therefrom .
The 1[Zila Panchayat] or the 1 [Kshettra Panchayat] may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for fifth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice.
(1) Where, on or after the commencement of this Act, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the 1[Zila Panchayat] or as the case may be of the 1 [Kshettra Panchayat] over a public drain or culvert or a waterworks vested in it, the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat], as the case may be, may —
(a) by notice required the person who has made the street, erected the structure or planted the tree, or the owner of occupier of the land on which the street has been made, structure erected or tree planted, to remove or deal in any other way the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat], as the case may be, thinks fit with the street, structure or tree, or
(b) itself remove or deal in any other way it thinks fit with the street, structure or tree.
Any expense incurred by the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat] by action taken under clause (b) of sub-section (1)
shall be recoverable in the manner prescribed by Chapter VIII from the person by whom the street was made, structure erected or tree planted.
Roop's Law Assist