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Section 208 - Permission Necessary for Certain Projections in Karnataka Municipalities Act, 1964

snapp 208 KMA 1964 0 Notes

Permission Necessary for Certain Projections.

(1) The municipal council may give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms, to project from any upper storey thereof, at such height from the surface of the street as the municipal council may fix by bye-laws from time to time, and to an extent not exceeding four feet beyond the line of the plinth or basement wall and may prescribe the extent to which and the conditions under which roofs, eaves, weather-boards, shop-boards and the like may be allowed to project over such streets.

(2) Any such owner or occupier putting up any such projections asaforesaid without such permission or in contravention of such orders, shall be punished with fine which may extend to twenty-five rupees, and if any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this section, he shall be punished with further fine which may extend to five rupees for each day on which such failure or neglect continues.

(3) The municipal council may, by written notice, require the owner oroccupier of any building to remove or alter any projection, encroachment or obstruction which, whether erected before or after the site of such building became part of a1[municipal area], shall have been erected or placed against or in front of such building, and which, --

(a) overhangs or juts into or in anyway projects or encroaches upon any public street, so as to be an obstruction to safe and convenient passage along such street, or

(b) projects and encroaches into or upon any uncovered aqueduct, drain or sewer in such street, so as to obstruct or interfere with such aqueduct, drain or sewer or the proper working thereof:

Provided that the municipal council shall, if such projection, encroachment or obstruction shall have been made in any place before the date on which such place became part of a1[municipal area], or after such date with the written permission of the municipal council, make reasonable compensation to every person who suffers damage by such removal or alteration; and if any dispute shall arise touching the amount of such compensation, the same shall be ascertained and determined in the manner provided in section 268.

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1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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