Amendment status not verified — confirm the current text below against the official source.
The Board may, at any time, vary any programme or any Programme by Board part thereof sanctioned by the State Government, After it has been Provided that on such variation shall be made if it involves sanctioned. an expenditure in excess of ten percent of the amount as originally sanctioned for the execution of any housing scheme included in such programme or affects its scope or purpose. Sanctioned housing 28 After the programme has been sanctioned and published scheme to be by the State Government under section 24 and 25, the executed. Board, shall subject to the provisions of section27, proceed to execute the housing schemes included in the programme. Publication of29 (1) Before proceeding to execute any housing scheme under housing scheme in section 28, the Board shall by notification publish the scheme. The Official Gazette. The notification shall specify that the plan showing the area, which is proposed to be included in the housing scheme and the surrounding lands shall be open to inspection of the public at all reasonable hours at the office of the Board. (2) If within two weeks from the date of the publication of the housing scheme, any person communicates in writing to the Board any suggestion, or objection relating to the scheme, the Board shall consider such suggestion or objection and may modify the scheme as it thinks fit. (3) The Board shall then by notification publish the final scheme. The notification shall specify that the plan showing the area included in the final scheme and the surrounding lands and other particulars as may be prescribed shall be open to inspection of the public at all reasonable hours at the office of the Board. (4) The publication of a notification under sub-section (3) shall be conclusive evidence that the said scheme has been duly framed. PDF created with pdfFactory trial version www.pdffactory.com Transfer to Board 30 (1) Whenever any street, square or other land, or any part For purposes of thereof, situated in any area of a local authority and vested housing scheme of in the local authority, is required for the purpose of any land land vested in a local housing scheme sanctioned by the State Government, the authority Board shall give notice accordingly to the local authority. (2) Where the local authority concurs such street, square, or other land, or part thereof, shall vest in the Board. (3) Where there is any dispute the matter shall be referred to the State Government. The State Government shall, after hearing the parties, decide the matter. The decision of the State Government shall be final. If the state Government decides that such street, square, or land shall vest in the Board it shall vest accordingly. (4) Nothing in this section shall affect the rights or powers of the local authority in or over any drain or water works in such street, square or land. Compensation in 31. (1) Where any land vests in the Board under the provisions of respect of land section 30 and the Board makes a declaration that such vested in Board land shall be retained by the Board only until it re-vests in the local authority as part of a street or an open space under section 34, no compensation shall be payable by the Board to the local authority in respect of that land. (2) Where any land vests in the Board under section 30 and no declaration is made under sub-section (1) in respect of the land, the Board shall pay to the local authority as compensation a sum equal to the value of such land. (3) If, in any case where the Board has made a declaration in respect of any land under sub-section(1 ), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not re- vest in the local authority, the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of sub-section(2). Power of Board to 32 (1) The Board may turn, divert, discontinue the public use of, turn or close public or permanently close, any public street vested in it or any street vested in it, part thereof. (2) Whenever the Board discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable, provide some other reasonable means or access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as a mere member of the public, to use such street or part as a means of access, and has suffered damage from such discontinuance or closing. (3) In determining the compensation payable to any person under sub section (2), the Board shall make allowance, for any benefit accruing to him from the construction, Provision or improvement of any other public street at or about the same time that the public street or part thereof, on account of which the compensation is paid, is discontinued or closed. (4) When any public street vested in the Board is permanently closed under sub- section (1), the Board may sell or lease so much of the same as is no longer required. PDF created with pdfFactory trial version www.pdffactory.com Reference to Govern-33. If there is any dispute as to whether any compensation is meant in case of dis-payable under section 31 or section 32 or as to the amount dispute under section31 of compensation payable under section 31 or section 32, as &32 the case may be, the matter shall be, referred to the Tribunal. Vesting in the local 34.(1) Whenever the State Government is satisfied- Authority of streets (a) that any street laid out or altered by the Board has laid out or altered and been duly leveled , paved, metalled, flagged, open spaces open provided channeled, sewered and drained in the manner, By Board under provided in the programme sanctioned by the State housing scheme. Government under section 24 or varied under section 27 or modified under section29, (b) That such lamps, lamp- posts and other apparatus as the local authority considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided, and (c) That water and other sanitary conveniences have been duly provided in such street, the State Government may declare the street to be a public street, and the street shall thereupon vest in the local authority and shall thenceforth be maintained, kept in repair, lighted and cleaned by the local authority. (2) When any open space for the purpose of ventilation or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board and shall thereupon vest in, and be maintained at the expense of, the local authority. (3) If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in the forgoing provisions of this section the matter shall be referred to the State Government whose decision shall be final. Other duties of 35. It shall be the duty of the Board to take measures with a Board view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for- (a) Unification, simplification and standardisation of building materials, (b) Encouraging pre-fabrication and mass production of house components, (c) Organising or undertaking the production of building materials required for the housing schemes, (d) Encouraging research for discovering cheap building materials and evolving new methods of economic construction, (e) Securing a steady and sufficient supply of workmen trained in the work of construction of buildings. Board to assume 36. The Board shall, if the State Government so directs, and management of subject to the general control of the State Government, requisitioned assume management of all or any of the lands requisitioned lands. by or under authority of the state Government. Reconstitution of 37. A housing scheme may provide,- Plots. (a) For the formation of a reconstituted plot by the alteration of the boundaries of an original plot, (b) With the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joint ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot, PDF created with pdfFactory trial version www.pdffactory.com (c ) for the allotment of a plot of any owner dispossessed of land in furtherance of the housing scheme, and (d) for the transfer of ownership of plot from one person to another Schemes entrusted 38. The provisions of section 21 and sections23 to 29 (both To Board by State inclusive) shall not be applicable to any housing scheme Government entrusted to the Board by the State Government except to such extent and subject to such modifications as may be specified in any general or special order made by the State Government and every such order shall be published in the Official Gazette. CHAPTER IV ACQUISITON AND DISPOSAL OF LAND Power to purchase,39 (1) The Board may enter into an agreement with any person or lease or acquire land the State Government for the acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith, " Provided that the previous approval of the State Government shall be obtained in case of purchase or exchange involving land worth more than fifty lakhs rupees or lease for more than five years : Provided further that in case the land is purchased from or exchanged with the Haryana Urban Development Authority, no approval of the State Government shall be necessary '' (2) The Board may, from such date as the state Government may appoint by notification in this behalf, also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the Land Acquisition Act, 1894 as modified by this Act, and the acquisition for a public purpose, within the purpose of this Act shall be deemed to be acquisition for a public purpose, within the meaning of the Land Acquisition Act, 1894. Betterment charges.40.(1) When by the making of a housing scheme the value of any land in the area comprised in the scheme will, in the opinion of the Board, be increased, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the l and from the execution of the scheme. (2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment charges shall be one-half of such increase in value. (3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme. (4) Notwithstanding anything contained in sub-sections (1) and (3), in respect of any land used for agricultural purposes at the time of the execution of the schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only after such land is used, or converted for use for non-agricultural purposes. Notice to person41. (1) The Board shall give notice in the prescribed form to any liable for betterment person, who is the owner of or has interest in the land in charges. Respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard. PDF created with pdfFactory trial version www.pdffactory.com (2) After hearing such person or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges. (3) Where the assessment of betterment charges proposed by the Board is accepted by the person concerned within the period prescribed, the assessment shall be final. (4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal. (5) The Tribunal shall, after holding an enquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person. Agreement for 42 (1) Any person liable to pay betterment charges in respect of payment of better-any land may, at his option instead of paying the same to ment charges the Board, execute an agreement with the Board to leave the payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at such rate as may be prescribed. (2) Every payment due form any person in respect of betterment charges and every charge referred to is sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mortgage or charge, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land. Recovery of better- 43. All sums payable in respect of any land by any person in ment charges respect of betterment charges under section 40 or by any person under an agreement under section 42 shall be recoverable on behalf of the Board as arrears of land revenue. Power to dispose of 44. Subject to any rules made by the State Government under land this Act, the Board may retain, lease, sell, exchange or otherwise dispose of any land, building or other property vested in it and situated in the area comprised in any housing scheme sanctioned under this Act. Disputes regarding 45. (1) Where by the making of a housing scheme, any plots re-constitution of comprised in the area included in the scheme are plots reconstituted or any person is dispossessed, the Board shall after making such inquiry as it thinks fit award to the person affected by such re-constitution or dispossession such compensation as it deems reasonable. If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal. (2) The Tribunal shall then after making an inquiry determine the amount of compensation and direct the Board to pay the same to the person concerned. CHAPTER V TRIBUNAL Tribunal 46. The Tribunal shall be the District Judge having jurisdiction in the area concerned. PDF created with pdfFactory trial version www.pdffactory.com Duties of 47. The Tribunal shall- Tribunal (a) Decide whether any compensation is payable under section.31, (b) Decide the amount of compensation in matters referred to it under section33, (c) Decide disputes relating to betterment charges referred to it under section 41, (d) Decide disputes and the amount of compensation to be awarded under section 45, and (e) Decide such other matters as may be prescribed by the rules made in this behalf. Powers of and 48 (1) In making enquiries the Tribunal shall have and exercise, as far as procedure before may be, the same powers and follow the same procedure as under the Tribunal code of civil Procedure,