Bare ActsThe Guwahati Metropolitan Development Authority Act, 1985

Section 38

(1) In a scheme reconstituting the plots, plot scheme

Amendment status not verified — confirm the current text below against the official source.

(1) In a scheme reconstituting the plots, plot scheme. the size and shape of every reconstituted plots, shall be determined, so far as may be to render it suitable for building purposes, and where a plot is already built upon to ensure the buildings, as far as possible, comply with the provisions of the scheme as regards open spaces. (2) For the purpose of sub-section (1) , the scheme may contain proposals— (a) to form a final plot by reconstitution of an existing plot by alteration of the boundaries of the existing plot, if necessary; (b) to fi rm a reconstituted plot from an exi­ sting plot by the transfer wholly or partly of the adjoining lands; (cl to provide, with the consent c f the owners, that two or more existing plots each of which is held in joint ownership or in serveralty shall there­ after with or without alteration of boundaries,be held in ownership in common as a reconstituted plot; (d) to allot a reconstituted plot to any per­ sons if dispossessed of land in furtherance of the scheme, and (c) to transfer the owneship of an existing plot from one person to another. PfbhCDe°ve (1) As s o o n a s m ay be, after the scheme iopmenteVC under Section 35 has been prepared, the Guwahati scheme. Metropolitan Development Authority, the officer of the Government or the local authority, as the case may be, shall publish the scheme in the Official Gazette and in one or more local news paper specifying the place or places where copies of the same may be inspected, and inviting objec­ tions in writing from any persons or claimants as referred to in sub-section (3) of Section 35, with respect to the scheme within such period as may be specified in the notice, which shall not be less than two months from the date of publication of the notice, in the Official Gazette: 922 TH E AS SA M G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 Provided that where it is expedient to do so, for the proper carrying out of the scheme, as referred to in clause (m) of sub-section (2) of Sec­ tion 36, the Guwahati Metropolitan Development Authority, the officer of the State Government or the local authority as the case may be, simulta­ neously with the publication of the scheme, shall submit copies of the notice and of the scheme to the State Government drawing particular attention to the provision in the scheme referring to clause (m) of sub-section (2) of Section 36 : Provided further that no such notice shall be required where land covered by the scheme has alrcad) been acquired and the execution of the sche­ me does not effect the interest of any person. (2) After the expiry of the aforesaid period, the Authority, the officer of the State Govern­ ment or the Local Authority, as the case may be, shall examine the scheme in the light of such objection, giving sufficient opportunity for hearing to all such nterested persons who have filed objec­ tions and demanded a hearing in the manner pre­ scribed, and shall approve or refuse to approve or approve with such modifications as it may deem necessary, for the implementation of the scheme and for imposing for that purpose re­ asonable restrictions in the use of land and buil­ ding within the area. (3) After the Authority, the officer of the State Government or the local authority, has adopted the scheme, it shall be forwarded to the State Government for its approval and sanc­ tion, if so required under any rule prescribed, otherwise the scheme will come into force from the date the scheme is adopted-

Section 38 – The Guwahati Metropolitan Development Authority Act, 1985 | DailyLaw.ai