THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

PRIVATE STREETS359. Owner's obligation to make street when disposing of land as building sites.—Where an owner of any land utilises, sells, leases or otherwise disposes of such land or any portion orportions of the same as sites for the construction of building, he shall, save in such cases as the site or sitesmay abut on an existing public or private street, laydown and make a street or streets or road or roadsgiving access to the site or sites and connecting with an existing public or private street.360. Making new private street.— (I) Any person intending to make or layout a newprivate street shall send to the office of the Municipality a written application with plans andsections showing the following particulars namely-(a) The intended level, direction and width of the street;(b) the street alignment and the building line; and(c) the arrangements to be made for levelling, paving, metalling , flagging, channelling,sewering, draining, conserving and lighting the streets.(2) The provisions of this Act and of any rules or bye-laws made thereunder as to thelevel and width of public streets and the height of building abutting thereon shall apply also inthe case of street referred in sub-section (1), and all the particulars referred to in that subsection shall be subject to approval by the Municipality.(3) Within sixty days after the receipt of any application under sub-section (1), theMunicipality shall either sanction the making of the street on such conditions as it may thinkfit, or disallow it, or ask for further information with respect to it.(4) Sanction under sub-section(3) may be refused-(i) if the proposed street would conflict with any arrangements which have been made, orwhich are in the opinion of the Municipality likely to be made, for carrying out any general schemefor the laying out of streets;(ii) if the proposed street does not conform to the provisions of the act, rules and bye-lawsreferred to in sub-section(2); or(iii) if the proposed street is not designed so as to connect at one end with a street whichis already open.(5) No person shall make or layout any new private street without or otherwise than inconformity with the orders of the Municipality. If further information is asked for, no stepsshall be taken to make or layout the street until orders have been passed upon receipt of suchinformation:Provided that the passing of such order shall not in any case be delayed for more than sixtydays after the Municipality has received all the information which it considers necessary to enable itto deal finally with the said application. Any application not disallowed with in the period of onehundred and twenty days from the date of receipt in the office of the Municipality shall be deemed tohave been sanctioned.361. Alteration or demolition of street made in breach of section 360.— (1) Whereany person, makes or lays out any street referred lo in section 360 without or otherwise than in conformitywith the orders of the Municipality, the Secretary may, whether or not the offender be prosecuted underthis Act. by notice;-