Bare ActsThe Trivandrum City Improvement Trust Act, 1960 (No.1 of 1961)

Section 40

Deferred street scheme

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

Deferred street scheme.-(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 widenmg of any street by altering the exbtmg alignments of such street to improved alignments to be prescribed by the Board, but that it is not expedient immediately to ncquire all or any of the properties lying within the proposed improvr•d alignments, the Board, if satisfied as to the sufficiency of its resourres, may pass a resolution to that effect, and shall proceed to make n 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 withm the prescribed street alignments Within the time-limit specified iR the scheme, which may be extended hy the Government: Provided that such time-limit including the extensions granted by the Government ~hall 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 Hoard or by any other person, and the formation and alteration of the stt cet ; (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 w;'l!l 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 prcseribed alignment of any street, within the time-hm1t specified m the scheme or extended oy the Governm'ent, the owner of such property may, at any time thereafter, give the Board notice requiring 1t to acquire or to institute proceedings· for the acqwis1tion of auch property before the expiration of six months from the date of such notice, and thereupon the Board shall acquire, or imtitute such proceedings and acquire the pro\lerty accordingly ; and if the Board fails to do so it shall pay reasona >lc compensation to the owner for any damage sustained by him in cousequencr: of such failure; {c) before proceedmg to acquire any property lying within the prescribed alignment of the•street [other than p1 operty regarding wh1ch 1t has received a notice under clause (b)], the Board shall gives ix months' notice to the owner of its intention to ucquire such property ; {d) notwithstanding anything contained in the Trivandrum City Municipal Act, the Corporation shall not have powt'l' to prescnbe any alignment of the street w1thin the limits of the scheme,.and any such, alignment prev10usly prescribed within such limits shall cease to be the alignment of the street. · 34/4095 0 • 26

Section 40 – The Trivandrum City Improvement Trust Act, 1960 (No.1 of 1961) | DailyLaw.ai