THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

that purpose may comprise such conditions as the Municipality thinks fit as to the removal ofthe existing building, if any, the description of the new building, if any, to be erected, the periodwithin which, the new building, if any, shall be completed and any other similar matters.(5) The Municipality may require any person to whom any land or building is transferredunder sub-section(4) to comply with the condition, if any, comprised in the deed of conveyancein respect of the said transfer.350. Power to prescribe building line and street alignment.— The Municipality may-fa) define forany public street a buiding line or street alignment or both; and(b) from time to time define a fresh line in substitution for any line so defined or for any part thereof:Provided that in either case-(1) At least one month before the meeting of the Council at which the matter is decided, public noticeof the proposal has been given and special notice thereof, has also been put up in the street or part of thestreet for which such line is proposed to be defined; and(2) The Council shall consider all objections to the said proposal made in writing and delivered atthe office of the Municipality not less than three clear days before the day of such meeting.351. Building not to be constructed within street alignment or building line.— (1)No person shall construct any building or portion thereof within a street alignment defined under section 350.(2) No person shall erect or add to any building between street alignment and building linedefined under section 350 except with the permission of the Secretary who may, when granting permission,impose such conditions as the Council lays down for such cases.352. Setting back projecting buildings or walls.— (1) Where any building or partthereof abutting on a public street is within a street alignment defined under section 350, theSecretary may, whoever, it is proposed-(a) to rebuild such building or take it down to an extent exceeding one half thereofabove the ground level, such half to be measured in cubic metre; or(b) to remove, reconstruct or make any addition to any portion of such building, whichis within a street alignment;in any order which is issued concerning the rebuilding, alteration or repair of such building, require suchbuilding to set back to be the street alignment.(2) Where any building or any part thereof within a street alignment falls down or isburnt down or is, whether by order of the Secretary or otherwise, taken down, or where anyprivate land without any building thereon lies within a street alignment, the Municipality mayacquire under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), theportion of land within the street alignment and if necessary, clear it.(3) Land acquired under this section shall be deemed to be a part off the public streetand shall vest in the Municipality.(4) Where any building is set back in pursuance of any requisition made under subsection (1), the Municipality shall forthwith make full compensation to the owner for anydirect damage which be may sustain thereby.Explanation.—The expression "direct damage' as used in sub-section(4) with reference to landsmeans the market value of the land acquired and the depreciation, if any, in the ordinary market value ofrest of the land resulting from the area being reduced in size; but does not include damage due to theprospective loss of any particular use to which the owner may allege that he intended to put the land,although such use may be injuriously affected by the reduction of the site.353. Setting buildings forward to improve line of street.— The Municipality may, up