(1)
The Municipality may , having regard to the volume of traffic and
public convenience, 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 in
accordance with the provisions of the bye-laws made in this behalf.
(2) Any such owner or occupier putting up any such
projection as aforesaid without such permission or in contravention
of such orders shall be punished with fine which shall not be less
than five thousand rupees but which may extend to ten thousand
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
shall not be less than fifty rupees but which may extend to one
hundred rupees for each day on which such failure or neglect
continues.
(3) The Municipality may, by written notice, require the
owner or occupier of any building to remove or alter any
projection, encroachment or obstruction which, whether erected
before or after the area of such building became part of a
Municipality, shall have been erected or placed against or in front
of such building, and which-
(a) over hangs or juts into or in any way 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 or to effect alleviation of
building line in any way :
Provided always that the Municipality shall, if such
projection, encroachment or obstruction shall have been made in
any place before the date on which such place became part of a
Municipality or after such date with the written permission of the
Municipality, 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 295.
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