43. Back-lanes to be levelled, etc., by Director-General
Feedback & supportThe Director-General shall level, pave, metal, channel and drain, and may provide lighting for all back-lanes set apart or laid out under section 38, or vested in the Government under section 42(4) when sufficient land has been so set apart or laid out which in the opinion of the Director-General is adequate to construct a back-lane.
back-lane
“back-lane” 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) Neither the public nor any person shall be deemed to have any right of ingress, egress or regress over any back-lane vested in the Government or any part thereof except by express grant by the Director-General which he may at his discretion withhold or give upon such terms as he may think fit.(3) The Director-General may prepare a plan of any back-lane and the Minister by writing under his hand may declare that it shall vest in the Government and may register the writing together with the plan under the Land Titles Act in respect of registered land and under the Registration of Deeds Act in respect of other land.(4) Upon such registration the land comprised in the plan shall be deemed to be vested in the Government freed from all encumbrances, and, where the land is held under a statutory land grant, such vesting shall not be deemed to be a subdivision within the meaning of the State Lands Act.(5) Subsections (3) and (4) shall not apply to any land set apart or acquired under section 38.(6) The Minister may with the sanction of the President sell, lease or exchange for other land a back-lane or any part thereof.[57 In this Act and in any regulations made thereunder,
When the Director-General has made up a back-lane, he may recover the costs of acquiring the land for and of making up the back-lane from the owners of premises abutting on the back-lane.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
Such costs shall be paid by the person or persons who are the owners when the work is completed according to the frontage of their respective premises in such proportions as are settled by the Director-General.
If the owner of any such premises is dissatisfied by such apportionment of costs, he may appeal to the Minister whose decision shall be final.
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;
The Director-General may, if he thinks fit, decide that in settling the apportionment regard shall be had to the following considerations:
the degree of benefit accruing to any premises by the making up of the back-lane; and
the amount and value of any works already executed by the owners or occupiers of any such premises.
The Director-General may, in any estimate of the expenses of works, include reasonable charges in respect of survey and superintendence.
The Director-General may, if he thinks fit, pay the whole or any part of the expenses of the works and the payment or part of the expenses may be made in such manner as the Director-General thinks fit to the exclusion of other owners or to relieve one owner to a greater extent than other owners.
Section 64 shall apply to any sum payable by the owners under this section.[58