Bare ActsTrivandrum City Improvement Trust Act, 1960

Section 41

Development scheme.--

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

(1) In regard to any area to which this Act applies, the Board may, from time to time, prepare a scheme of proposed public streets with plans showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable. (2) When any such scheme has been notified under section 53, the street to which it refers shall be deemed to be a projected public street. (3) No person shall, without the permission of the Board, erect, re-erect, add to, or alter any building or wall so as to make the same project into the street alignment or beyond the building line shown in any plan so adopted. (4) If the Board refuses to grant permission to any person to erect on his land any building or wall to project as aforesaid and if it does not proceed to acquire such land within one year from the date of such refusal, the Board shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal. (5) When any building or wall projecting into or beyond, or adjacent to, the street alignment or building line shown in any plan adopted as aforesaid has fallen, or been demolished or burnt down, the Chairman may, by written notice, require or permit the same to be set back, or set forward, as the case may be, from or towards such street alignment or building line. (6) When any building or wall is set back or set forward in pursuance of a requisition made under sub-section (5), the Board shall make full compensation to the owner of the building or wall for any damage that he may sustain thereby. (7) If the requisition or permission under sub-section (5) to set forward any building or wall involves the inclusion with the premises of the owner of the building or wall, of any land belonging to the Board, the requisition or permission shall operate as a conveyance of such land to the said owner on the terms and conditions specified therein. (8) If the owner is dissatisfied with any of the terms and conditions aforesaid, he may, within thirty days after the communication to him of such terms and conditions, apply to the Chairman in writing for a reference of his case to the Tribunal. On receipt of such application, the Chairman shall refer the case to the Tribunal and its decision shall be final. (9) When any scheme under this section is sanctioned by the Government, notwithstanding anything contained in the Trivandrum City Municipal Act, the Corporation shall not have power to prescribe the alignment of any street within the limits of the scheme, and any alignment previously prescribed within such limits shall cease to be the alignment of the street.

Section 41 – Trivandrum City Improvement Trust Act, 1960 | DailyLaw.ai