34. Provision of footways, etc.

Wherever there is a frontage to the public street vacant of houses to a depth of 1.2 metres or more, the Director-General may, by notice in writing, require the owner or owners of such vacant frontage or the owners of the several frontages making up the same forthwith to allow without compensation a footway of a width of 2.1 metres or equal to the vacant depth of the frontage whichever is less, to be made for the use of the public along the frontage, and, if necessary for this purpose, to set back any wall, fence, paling, hedge or other similar erection separating his or their land from the public street to a distance not exceeding 2.1 metres from the edge of the street within 3 months from the date of the notice.

The cost of constructing and maintaining any footway proposed to be made under the powers given in this section, as well as the cost of setting back any such erection as aforesaid, shall be borne by the Government and the notice or notices required to be given shall contain an offer by the Government to pay the cost of carrying out such work.

The footway shall be made of such material and in such a manner as the Director-General may determine.

On receipt of the notice, the owner or owners may either execute the work as regards their respective frontages or require the Director-General to do so, and, in the former case, if any owner fails to complete the work within the time specified in the notice, the Director-General may enter upon his land and carry out the work.

In every case where a footway is made under this section, the Director-General shall deliver to each owner of the land a plan showing the land taken for the footway with a declaration endorsed thereon under the hand of the Minister to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner and his successors in title at any time to build in such manner and to such extent as he would have been entitled to build if the land had not been taken for use as a public footway.

The Director-General may cause such lamp-irons, lamp-posts or other lighting apparatus to be put up or fixed upon or against the walls or palisades of any building or enclosure, doing as little damage as is practicable thereto, or to be put up or erected in such other manner within any street, road or place as he thinks proper and may cause such number of lamps of such sizes and sorts to be provided and affixed and put on such lamp-irons and lamp-posts as are necessary for lighting all or any of such streets, roads and places and cause the same to be lighted during such hours as are necessary.

The owner of every house or building shall, within 21 days after notice from the Director-General to that effect, put up and keep in good condition proper troughs, gutters and pipes for receiving and carrying the water from the roof and other part of the house or building and for discharging it in such manner as the Director-General may direct so that it shall not fall upon persons passing along the street or enter any sewer.

If the notice is not complied with, the Director-General at any time after the expiration of the time so specified may cause the work to be done and the cost and expenses of so doing shall be paid to the Government by the owner in default.[33