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THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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(a) require the offender to show cause, by a written statement signed by him and sendto the Secretary on or before such date as may be specified in the notice, why such streetshould not be altered to the satisfaction of the Secretary, or if such alteration be impracticable,why such street should not be demolished; or(b) require the offender to appear before the Secretary either personally or by a dulyauthorised agent on such day and at such lime and place as may be specified in the notice,and show cause as aforesaid.(2) Where any person on whom a notice under sub-section (1) is served fails to show sufficientcause to the satisfaction of the Secretary why such street should not be so altered or demolished, theSecretary may pass an order directing the alteration or demolition of such street.362. Power of Secretary to order work to be carried out or to carry it out himselfin default.— (1) Where any private street or part thereof is not levelled, paved, metalled, flagged,channelled, drained, conserved or lighted to the satisfaction of the Secretary, he may, by notice,require the owners or occupiers of building, or lands fronting or abutting on such street or panthereof to curry out any work, which in his opinion may be necessary and within such time asmay be specified in such notice.(2) Where such work is not carried out within the time specified in the notice, the Secretarymay, if he thinks fit, execute it and the expenses incurred shall be paid by the owners or occupiersin default according to the frontage of their respective buildings or lands in such proportion as maybe settled by the Secretary.363. Right of owners to require street to be declared public.— Where any streethas been levelled, paved, metalled, flagged, channelled, drained, conserved and lighted under theprovisions of section 362 such street shall, on the requisition of the majority of the ownersthereof, be declared a public street.ENCROACHMENT ON STREETS364. Prohibition of obstruction in or over streets.— No person shall build any wallor erect any fence or other obstruction, or projection, or make any encroachment in or over anystreet.365. Public streets open to all.— All streets vested in or maintained by a Municipalityshall be open to all members of the public.366. Prohibition and regulation of doors, ground floor windows and bars openingoutwards.— (I) No door, gate, bar or ground floor window shall, without a licence from theMunicipality be hung or placed so as to open outwards upon any street.(2) The Secretary may, by notice, require the owner of such door, gate, bar, or window to alterit so that no part thereof, when open, shall project over the street.367. Removal of encroachments.— (1) The Secretary may, by notice, require the owner oroccupier of any premises to remove or alter any projection. Encroachment or obstruction other than a door,gate, bar or ground floor window situated against or in front of such premises and in or over any street.(2) Where the owner or occupier of the premises proves that any such projection,encroachment or obstruction has existed for a period sufficient under the law oflimitation to give any person a prescriptive title thereto or that it was erected or may with thepermission or licence of any authority duly empowered in that behalf, and that the period, ifany, for which the permission or licence, is valid has not expired, the Municipality shall makereasonable compensation to every person who suffers damage by the removal or alterationof the same.

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