Section 230 of The Haryana Municipal Corporation Act, 1994 — Corporation in accordance with the provisions contained in the Land Acquisition Act, 1894
Bare section text
Official Legislative Text
| If the owner of any land utilizes, | sells, leases out or otherwise | disposes | |
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| of such land for the construction | of building | thereon, | he shall lay down and make |
| a street or streets giving access to the plots into which the land may be divided | and | ||
| connecting | with an existing | public or private | street. |
| 231. (1) | Before utilizing, | selling or otherwise | dealing with any land under |
| section 230, the owner thereof shall send to the Commissioner | a written application | ||
| with a lay-out plan of the land showing | the following | particulars, | namely:- |
- (a)the plots into which the land is proposed to be divided for
| the erection | of building | thereon and the purpose | or purposes |
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| for which such buildings | are to be used; |
- (b)the reservation or allotment of any site for any street, open
space, park, recreation ground, school, market or any public
purpose;
- (c)the intended level direction and width of streets or streets;
- (d)the regular line of street or streets; and
- (e)the arrangements to be made for levelling, paving, metalling flagging, channelling, sewering, draining, conserving and
lighting street or streets.
- (2)The provisions of this Act and the bye-laws made thereunder as
| to width | of the public | streets | and the height | of building | abutting | thereon, | shall |
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| apply in the case of streets | referred | to in sub-section(1)and all the particulars | |||||
| referred | to in that sub-section | shall be subject to the sanction | of the Corporation. |
- (3)Within sixty days after the receipt of any application under
| sub-section(1) the Corporation | shall either accord | sanction | to the lay-out plan on |
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| such conditions | as it may think fit or ask for further information | with respect to it. |
- (4)Such sanction shall be refused-
- (a)if the particulars shown in the lay-out plan would conflict
| with any arrangements | which have been made or which are | ||
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| in the opinion of the Corporation | likely to be made for carrying | ||
| out any general | scheme | of development | of the Municipal |
| 1994 : Hr. | Act 161MUNICIPAL | CORPORATION | ||||
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| area | whether | contained | in the | master | plan | or a zonal |
| development | plan prepared | for the Municipal | area or not; or |
- (b)if the said lay-out plan does not conform to the provisions of
this Act, and bye-laws made thereunder; or
- (c)if any street proposed in the plan is not designed so as to
connect at one end with a street which is already open.
- (5)No person shall utilize, sell or otherwise deal with any land or
| lay-out or make any new street without | or otherwise | than in conformity | with the | |||
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| orders of the Corporation | and if further information | is asked for, no step shall be | ||||
| taken to utilize, sell or otherwise | deal with the land or to lay-out or make the street | |||||
| until orders have been passed | upon receipt | of such information: | ||||
| Provided | that the passing of such order shall not be in any case delayed | |||||
| for more than sixty days after the Corporation | has received | the information | which | |||
| it considers | necessary | to enable | it to deal with the said application. | |||
| (6)The lay-out | plan | referred | to earlier | in this section | shall, | if so |
| required | by the Corporation, | be prepared | by a licensed | town planner. | ||
| (7)The provisions | of this section | shall not be used for any piece of | ||||
| land the size of which exceeds | 1000 meters. | |||||
| 232. (1) | If any person | lays-out | or makes any street referred | to in sectionAlteration | or | |
| 231 without or otherwise | than in conformity | with the orders of the Corporation, | thedemolition | of |
street made in
Commissioner may, whether or not the offender, be prosecuted under this Act bybreach of section
notice,-231.
- (a)require the offender to show cause by a written statement
| signed by him and sent to Commissioner | on or before | such |
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| date as may be specified | in the notice, why such street should | |
| not be demolished; | or |
- (b)require the offender to appear before the Commissioner
| whether personally | or by a duly authorised | agent or on such |
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| day and at such time and place as may be specified | in the |
notice and show cause as aforesaid.
- (2)If any person on whom such notice is served fails to show cause
| to the satisfaction | of the Commissioner | as to why such street | should | not be so |
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| altered or demolished, | the Commissioner | may pass an order directing | the alteration | |
| or demolition | of such street. |
- (3)Nothing in sections 230, 231 and this section shall apply to any
| land to which the provisions | of the Haryana Development | and Regulation | of Urban |
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| AreasAct, | 1975 (HaryanaAct | No.8 | of 1975) apply. |
Power of Commissioner to order work to be carried out or to carry it out himself in default.
Declaration of
public streets. Prohib ition of projection upon streets, etc. MUNICIPAL CORPORATION[1994 : Hr. Act 16
233. (1) If any private street or part thereof is not levelled, paved, metalled,
flagged, channeled, sewered, drained, conserved or lighted to the satisfaction of
| the Commissioner, | he may by notice require | the owners of such street or part and |
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| the owners of the lands and buildings | fronting or abutting | on such street or part to |
| carry out any work which in his opinion | may be necessary | and within such time as |
| may be specified | in such notice. |
- (2)If such work is not carried out within the time specified in the
| notice, the Commissioner | may, ifhe thinks fit, execute it and the expenses | incurred | |
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| shall be paid by the owners referred | to in sub-section | (1) in such proportion | as may |
| be determined | by the Commissioner | and shall be recoverable | from them as an |
arrears of tax under this Act.
| 234. (1) | If any | street | has | been | levelled, | paved, | metalled, | flagged, |
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| channelled, | sewered, drained, conserved | and lighted under the provisions | of section | |||||
| 233 the Commissioner | may, and on the requisition | of the majority | of the owner | |||||
| referred | to in sub-section | (1) of that section | shall declare | such a street to be a | ||||
| public | street and thereupon | the street shall vest in the Corporation. |
- (2)The Commissioner may, at any time, by notice fixed up in any
| street or part thereof | not maintainable | by the Corporation, | give intimation | of his |
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| intention | to declare the same a public street and unless within one month next after | |||
| such notice has been so put up, the owner or anyone | of the several owners of such | |||
| street or such part of a street lodge objection | thereto at the Corporation | office, the |