Section 118 of The Manipur Municipalities Act, 1994
- (1)The Nagar Panchayat or as the case may be, the Council may issue a notice requiring the owner or occupier of any building to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such building, if the same overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public road or house-gully, or obstructs, or projects or encroaches into or upon any drain, sewer or aqueduct in any public road or into or upon any public water-course or ghat or any land in the Nagar Panchayat or the Council, as the case may be.
- (2)If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the notice, or within such further time as the Nagar Panchayat or the Council may allow the Sub-Divisional Magistrate may, on the application of Nagar Panchayat or of the Council, order that such projection, obstruction or encroachment be removed or altered; and thereupon the Nagar Panchayat or the Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or occupier.
- (3)If the expense of removing or altering any such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.
Summary
- The council can require owners or occupiers to remove or change parts of a building that overhang or project onto public roads or drains.
- This applies to structures that block safe passage or project into sewers, aqueducts, or public water-courses.
- If the owner fails to comply within forty-eight hours, the Sub-Divisional Magistrate can order the removal at the owner's expense.
- If a tenant (occupier) pays for the removal of a structure they didn't build themselves, they can deduct that cost from their rent.
- The council can also allow extra time beyond forty-eight hours if they choose.
Practical examples
FAQ
1. Can my landlord make me pay to remove a balcony that the council says is illegal in Manipur?
Under Section 118 of The Manipur Municipalities Act, 1994, if the occupier pays for removing a structure they didn't build, they are entitled to deduct that reasonable expense from the rent payable to the owner.
2. How much time does the council give to remove an overhanging roof under Section 118?
Under Section 118 of The Manipur Municipalities Act, 1994, the standard time is forty-eight hours, but the council may allow further time.
3. What specific structures are covered by Section 118 of the Manipur Municipal law?
It covers any projection, obstruction, or encroachment erected or placed against or in front of a building that overhangs a public road or projects into drains or sewers.
Test yourself
Q1.Under Section 118 of The Manipur Municipalities Act, 1994, what right does a tenant have if they pay to remove a projection they didn't build?
Q2.According to Section 118 of The Manipur Municipalities Act, 1994, when can the council demand a building part be removed?
Q3.Under Section 118 of The Manipur Municipalities Act, 1994, what is the default time limit for a removal notice?
Q4.Which official can order the removal of a projection if the owner ignores the council's notice under Section 118 of The Manipur Municipalities Act, 1994?