Bare ActsTrivandrum City Improvement Trust Act, 1960

Section 40

Deferred street scheme.--

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

(1) Whenever the Board is of opinion that it is expedient for any of the purposes mentioned in section 39 to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignments to be prescribed by the Board, but that it is not expedient immediately to acquire all or any of the properties laying within the proposed improved alignments, the Board, if satisfied as to the sufficiency of its resources, may pass a resolution to that effect, and shall proceed to make a scheme to be called a "deferred street scheme" prescribing an alignment on each side of the street. (2) A deferred street scheme shall provide for -- (a) the acquisition of the whole or any part of any property lying within the prescribed street alignments within the time limit specified in the scheme, which may be extended by the Government; Provided that such time limit including the extensions granted by the Government shall in no case exceed twenty years from the date of the sanction of the scheme by the Government; (b) the re-laying out of all or any such property, including the construction and reconstruction of buildings by the Board or any other person, and the formation and alteration of the street; (c) the draining, water-supply and lighting of the streets so formed or altered. (3) After a deferred street scheme has been sanctioned by the Government -- (a) no person shall, except with the written permission of the Board erect, re-erect, add to or alter any building or wall so as to make the same project into the prescribed alignment of the street; (b) if the Board fails to acquire or to institute proceedings for the acquisition of any property within the prescribed alignment of any street, with in the time-limit specified in the scheme or extended by the Government, the owner of such property may, at any time thereafter, give the Board notice requiring it to acquire or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice, and thereupon the Board shall acquire, or institute such proceedings and acquire the property accordingly; and if the Board fails to do so it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure; (c) before proceeding to acquire any property lying within the prescribed alignment of the street [other than property regarding which it has received a notice under clause (b)], the Board shall give six months notice to the owner of its intention to acquire such property; (d) notwithstanding anything contained in the Trivandrum City Municipal Act, the Corporation shall not have power to prescribe any alignment of the street within the limits of the scheme, and any such alignment previously prescribed within such limits shall cease to be the alignment of the street.

Section 40 – Trivandrum City Improvement Trust Act, 1960 | DailyLaw.ai