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PART IV
BACK-LANES
65.
Local authority may acquire land for part of back-lane.
(1) Where upon the submission of a plan relating to a
building for the approval of the local authority it appears that the site
thereof or any land set apart by the principal submitting person abuts upon
any land capable of forming part of a back-lane, the local authority may
request the State Authority to acquire such last mentioned land, in
accordance with any law relating to the compulsory acquisition of land:
Provided that no land shall be acquired under this subsection the
acquisition of which would cause a severance of land from other land forming
part of the same holding. Acquisition of whole building if part rendered
useless.
(2) Where the acquisition under this section of any portion of a building
affixed to a holding renders useless the remainder of such building, the
State Authority shall, if the owner so requires, acquire the remainder of
the holding of which such building forms a part. Acquisition of whole holding in certain
circumstances.
(3) Where the acquisition under this section of any portion of a holding
having no building affixed to that portion or to the remainder of the
holding, would render useless as a building site the remainder of the
holding the State Authority shall, if the owner so requires, acquire the
remainder of the holding. Compensation where setting apart causes severance.
(4) In cases where a setting apart would cause a severance of land belonging
to the owner from other land forming part of the same holding, then if the
lesser portion of the land so severed has been rendered useless as a
building site on account of the severance the State Authority shall if the
owner so requires acquire such lesser portion.
66. State
Authority may order back-lanes to be laid out.
(1) The State Authority may at any time on the
recommendation of the local authority, order that a back-lane of a width not
exceeding forty feet shall be laid out through any lands.
(2) The lands specified in the order made under subsection (1) may be
acquired for the purpose of providing such back-lane and the local authority
may request the State Authority to acquire such lands in accordance with any
law relating to the compulsory acquisition of land.Specification of additional land in the order.
(3) Any land which, in the opinion of the State Authority, may be required
to be acquired by it under the provisions of subsection (4) or (5) or which
abuts on or is near to the site of the backlane may be specified in the
order made under subsection (1) in addition to the land required for the
site of the back-lane. Acquisition of whole building if part rendered
useless.
(4) Where the acquisition under this section of any portion of a building
affixed to a holding renders useless the remainder of such building, the
State Authority shall, if the owner so requires, acquire the remainder of
the holding of which such building forms a part. Acquisition of whole holding in certain
circumstances.
(5) Where the acquisition under this section of any portion of a holding
having no building affixed to that portion or to the remainder of the
holding, would render useless as a building site the remainder of the
holding, the State Authority shall, if the owner so requires, acquire the
remainder of the holding.
67. Local authority may recover cost of acquisition for and laying out or
construction of back-lanes.
(1) When the State Authority has acquired such lands as
is necessary and the local authority has laid out or constructed a
back-lane, the local authority may recover the cost of acquiring such lands
and of laying out or constructing the back-lane from the frontagers or
developers or both.
(2) If such cost is to be paid by the frontagers it shall be paid by the
persons who are frontagers when the work is completed.
(3) In determining the respective amounts to be paid by such frontagers or
developers, the local authority shall take into consideration -
(a) the frontage of their respective premises to such backlane;
(b) the area of their respective premises;
(c) the degree of benefit to be derived by those premises from the laying
out or construction of such back-lane;
(d) the cost of the premises voluntarily surrendered by the owners to the
local authority; and
(e) any other matters which in the opinion of the local authority are
relevant and proper to be considered.
(4) Any back-lane laid out or constructed by the local
authority shall be maintained by the local authority.
(5) For the purpose of sections 65 (2), (3), (4) and (5) and 66 and this
section in relation to the Federal Territory, references to the State
Authority shall be construed as references to the Government of the
Federation.
68. Declaration of
back-lane as public street.
Notwithstanding the provisions of this Part, the local
authority may declare any back-lane to be a public street in accordance with
the procedure laid down under section 13.
69.
General provisions as to back-lanes.
(1) In this Act and in by-laws made thereunder the
expression "backlane" includes every back-lane whether now or hereafter
existing and any part thereof and any approach thereto and all land already
or hereafter acquired or set apart for or laid out as a back-lane and all
channels, drains and appurtenances of a back-lane.
(2) The local authority may at any time at its sole discretion close up or
otherwise prevent ingress, egress or regress over any back-lane controlled
by it or any thereof either totally or conditionally. Removal of obstruction.
(3) No person shall erect or maintain or permit to be erected or maintained
any obstruction in or over any back-lane, and the local authority may, where
any such obstruction exists, take down and remove the same and the cost and
expense of taking down or removing such obstruction may be recovered from
the person responsible for or who permitted its erection or maintenance in
the manner hereinafter provided. |
