37. Where road is damaged by excavation Director-General may repair and recover expenses
Feedback & supportLast amended by an amending law of 1975.
If the roadway, drain or verandah-way in or adjoining any street is endangered or is damaged by or in consequence of any excavation on land adjoining the roadway, drain or verandah-way, the Director-General may repair and make good the damage done or cause remedial action of a preventive nature to be effected.
street
“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of the street;
All costs and charges arising therefrom shall be paid to the Government by the owner of the land on which the excavation has been made.[36
owner
“owner” means the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant and shall for the purposes of section 40 include a mortgagee not in possession and includes the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act;