Section 1

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

Inserted by Orissa Act 23 of 1969. 13 and notify in the Gazette and in a local-newspaper, if any, that the variations in the Master plan have been duly made and any person interested therein may see it at a fixed time and place. (3) If any person who is affected by such variation, has incurred any expenditure in compliance with the Master Plan as it existed before such variation such person shall be entitled to receive compensation for the loss he has suffered by reason of such variation. (4) Any person claiming compensation under Sub-section (3) may, within sixty days from the date of the Notification under Sub-section (2), make an application in that behalf to the prescribed authority who shall determine the compensation in the prescribed manner. (5) The compensation determined under Sub-section (4) shall be paid, where the variation is made on a proposal from the Planning authority, by such authority and in any other case by the State Government]. 33 - Duties and liabilities of owners of property :- (1) After issue of the Notification under Section 32 no owner of any land shall erect or proceed with the construction of any building or work to enter into or carry out a contract in respect of land within the area included in the Master Plan unless he has applied for and obtained a licence from the Planning authority to the effect that the proposed building or work or contract is in accordance with and is not contrary to any of the provisions of the approved plan. (2) It shall be the duty of the owners of land to ensure that developments on their lands are not contrary to the Master Plan. (3) It shall be the duty of the Planning authority to refuse permission to any applicant for development which is not in according with or is contrary to any of the provisions of the Master Plan. (4) Dispute, if any, arising between a Planning authority and owner of land with regard to an application for development shall be referred to the State Government through the Director for decision. The decision of the State Government shall be final. (5) Any development which has been made in any land without the permission of the Planning authority and which is contrary to the Master Plan shall not be taken into account in awarding compensation in the event of the land being acquired subsequently under the provisions of this Act for implementation of the detailed schemes under the Master Plan. 34 - Improvement scheme :- (1) The Planning authority shall prepare within the frame work of the Master Plan a well-defined improvement scheme and such scheme may be one of the following types or combination of arty two or more of such types or any special features thereof, namely. : (i) a general improvement scheme; (ii) a re-building scheme; (iii) a re-housing scheme; 14 (iv) a street scheme; (v) a deferred street scheme; (vi) a development scheme; (vii) a housing accommodation scheme; (viii) a town expansion scheme; (ix) a drainage and sewerage disposal scheme; and (x) a water supply scheme. (2) An improvement scheme may provide for all or any of the following matters, namely: (i) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by execution of the scheme; (ii) the re-laying out of any land comprised in the scheme: (iii) the re-distribution of sites belonging to owners of property comprised in the scheme; (iv) the closure or demolition of dwelling or portions of dwellings unfit for human habitation; (v) the demolition of obstructive buildings or portions of buildings; (vi) the construction and reconstruction of buildings; (vii) the sale, lease, exchange of any property comprised in the scheme; (viii) the laying and alteration of streets and provision of side walks for pedestrians; (ix) the drainage, sewerage, water supply and lighting of streets so laid or altered; (x) the provision of open spaces for the benefit of any area comprised in the scheme or any adjoining area, and for the enlargement of existing open space and approaches; (xi) the provision of sanitary arrangements required for the area comprised in the scheme including drains, the disposal or waste and refuse and the conservation and prevention of injury or contamination to rivers or other sources and means of water-supply; (xii) provision of accommodation for any class of persons; (xiii) advance of money for the purposes of the scheme; (xiv) provision of facilities for communication; (xv) reclamation or reservation of land for market, gardens, afforestation, provision of fuel and grass supply, and other needs of inhabitants;and (xvi) any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to the improvement of any area comprised in the scheme or of any adjoining area or the general efficiency of the scheme. 15 35 - Power to frame general improvement scheme :- Whenever it appears to any Planning authority that within the frame-work of that portion of the Master Plan which has been allotted it for execution by means of a detailed scheme (hereinafter referred to as the allotted plan)- (a) in any area, any buildings used or intended or likely to be used as dwelling places, are unfit for human habitation; or (b) danger to the health of the inhabitants of buildings in any area, or of building in the neighbourhood of such area, is caused by- (i) the narrowness, closeness, or bad arrangement or condition of streets or buildings or groups of buildings in such area; or (ii) the want of light, air, ventilation or proper conveniences in such area; or (iii) any other sanitary defects in such area; the said authority may pass a resolution to the effect that such area is an insanitary area and that a general improvement scheme ought to be framed in respect of such area and shall then proceed to frame such a scheme: Provided that where no Master Plan has been finally published under Section 32 or any area included within the frame-work of the Master Plan has not been allotted to a Planning authority for execution by means of a detailed scheme and the State Government are satisfied on a resolution passed by the said authority or otherwise that it is necessary to take immediate steps to frame a scheme under this section in respect of such area, the State Government may direct the said authority to frame such scheme and the provision of this Act shall apply to the said scheme as if it were an improvement scheme within the allotted plan. 36 - Re-building Scheme :- (1) Whenever it appears to the Planning authority that within the frame work of the allotted plan any area is an insanity area within the meaning of the preceding section and that having regard to the comparative value of the buildings in such area and of the sites on which they are erected the most satisfactory method of dealing with the area or any part thereof is a rebuilding scheme the Planning Authority may pass a resolution to that effect and shall then proceed to frame a scheme in accordance with the provisions of this section. (2) A re-building scheme may provide for- (a) the preservation of streets lanes and open spaces and the enlargement of existing streets, lanes and open spaces to such extent as may be necessary for the purposes of the scheme; (b) the re-laying out the sites of the area upon such streets, lanes or open spaces so reserved or enlarged; (c) the payment of compensation in respect of any such reservation or enlargement and the laying of the streets, lanes and open space so reserved or enlarged; 16 (d) the recommendation, alteration or demolition of the existing buildings or parts thereof and their appurtenances by the owners or by the Planning authority in default of the owners and the erection of buildings or parts thereof in accordance with the scheme by the site as defined under the scheme; (e) the advance to the owners, upon such terms and conditions as to interest, sinking fund and otherwise as may be provided under the scheme of such sums as may be necessary to assist them to reconstruct or alter existing buildings or to erect new buildings in accordance with the scheme; (f) the acquisition by the planning authority of any site or building comprised in the area included in the scheme. 37 - Re-housing Scheme :- The planning authority may frame schemes for development of sites and for construction, maintenance and management of such and so many dwellings and shops as it may consider necessary for persons who - (a) are displaced by the execution of any improvement scheme sanctioned under this Act; or (b) are likely to be displaced by the execution of any improvement scheme which it is intended to frame, or submit to the State Government for sanction, under this Act. 38 - Street schemes :- (1) Whenever the planning authority is of opinion that within the frame-work of the allotted plan it is expedient to lay out new streets or alter existing streets (including bridges, causeways and culverts) in any area, for the purpose of - (a) providing building sites, or (b) remedying defective ventilation; or (c) creating new or improving existing means of communication and facilities for traffic; or (d) affording better facilities for conservancy, the Planning authority, may pass a resolution to that effect, and shall then proceed to frame a street scheme for such area. (2) A street scheme may, within the limits of the area comprised in the scheme, provide for the following matters; (a) the acquisition of any land which will in the opinion of Planning authority, be necessary for its execution; (b) the re-laying out of all or any of lands so acquired, including the construction and reconstruction of buildings by the Planning authority or by persons authorised by the said authority in that behalf and the laying out, construction and alternation of streets and. through fares; (c) the drainage, water-supply, and lighting of streets and thoroughfares so laid out, constructed or altered; (d) the raising, lowering or reclamation of any land vested in or to be 17 acquired by the Planning authority for the purpose of the scheme; (e) the provision of open spaces for the better ventilation of the area comprised in the scheme; (f) the acquisition of any land adjoining any street, thoroughfares or open space included in the scheme. 39 - Deferred street scheme :- (1) Whenever the Planning authority is of opinion that within the frame-work of the allotted plan, it is expedient for any of the purposes mentioned in Section 38 to provide for the ultimate widening of any street by altering the existing alignment of street to improve alignments to be specified by the Planning authority but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the said authority, if satisfied as to the sufficiency of its resources, may pass a resolution to that effect, and shall forthwith proceed to make a scheme to be called a "deferred street scheme" specifying 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 specified street alignment within the time-limit provided in the scheme which may be extended by the State Government; (b) the re-laying out of all or any such property, including the construction and reconstruction of buildings by the Planning authority or by any other person, and the formation and alteration of the street. (c) the drainage, water-supply and lighting of the streets so framed or altered. (3) After a deferred street scheme has been sanctioned by the State Government - (a) no person shall, except with the written permission of the Planning authority, erect, re-erect, add to or alter any building or wall so as to make the same project beyond the specified alignment of the street; (b) the owner of any property included within the specified alignment of any street may, at any time, give the Planning authority notice requiring it to acquire such property before the expiration of six months from the date of such notice, and thereupon the said authorities shall issue notice of the intention to acquire such property and the property shall be acquired accordingly; (c) before proceeding to acquire any property lying within the specified alignment of the street [other than property regarding which it has received a notice under Clause (b)] the Planning authority shall give six months' notice to the owner of its intention to acquire such property. 40 - Development scheme :- (1) In regard to any area to which this Act applies the Planning authority may, from time to time, prepare, within the frame- work of the allotted plan, a scheme of proposed public streets with plans showing the direction of such streets, the street alignment and building line oh each side 18 of them, their intended width and such other details as may appear desirable. (2) When any such scheme has been notified under Section 45 the street to which it refers, shall be deemed to be projected public street. (3) If any person desires to erect, re-erect, add to, or alter any building or wall so as to make the same project beyond the street alignment or beyond the building line shown in any plan so adopted, he shall apply to the Planning authority for permission to do so. (4) If the Planning authority refuses to grant permission to any person, within six months of the date of his application 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 Planning authority shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal. (5) When any building or wall or part thereof projecting into or beyond, or adjacent to the street alignment or building line shown in any plan adopted as aforesaid has fallen down or been demolished or burnt down, or is in the opinion of the Planning authority, in a condition likely to endanger public safety or public health the said authority, may by written notice, require or permit the same to be set back, or set forward, as the case may be to 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 Planning authority shall pay 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 within the premises of the owner of the building or wall of any land belonging to the Planning authority, the requisition or permission shall operate as 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 Planning authority in writing for a reference of his case to the Tribunal hereinafter constituted. On receipt of such application, the said authority shall refer the case to the Tribunal and its decision shall be final. 41 - Housing accommodation Scheme :- Whenever the planning authority is of opinion that the frame-work of the allotted to the plan, it is expedient and for the public advantage to provide housing accommodation for any class of the inhabitants of any area the said authority may frame a scheme to be called a "housing accommodation scheme". 42 - Town expansion scheme :- (1) Whenever the Planning authority is of opinion that within the frame-work of the allotted plan, It is expedient and for the public advantage to control and provide for the future expansion or development of any area to which this Act applies the said authority shall frame a scheme to 19 be called a "town expansion scheme". (2) Such scheme shall show the method in which it is proposed to layout the area to be developed and the purposes for which particular areas are to be utilised. (3) When any such scheme has been notified under Section 45 if any person desires to erect, re-erect, add to or alter any building or wall within the area comprised in the said scheme, he shall apply to the Planning authority for permission to do so. (4) If the planning authority refuses to grant permission to any person within six months of the date of his application to erect, re-erect, add to or alter any building or wall on his land in the area aforesaid, and if it does not proceed to acquire such land within one year from the date of such refusal, it shall pay compensation to such person for any damage sustained by him in consequence of such refusal. 43 - Matters to be considered when framing improvement scheme :- When framing an improvement scheme in respect of any area, the Planning authority shall have regard to- (i) the nature and conditions of neighbouring areas and/or of the Municipality as a whole; (ii) the direction in which the expansion of the area and the Municipality appears likely to take place; and (iii) the likelihood of improvement schemes being required for other parts of the area or the Municipality. 44 - Initiation of schemes :- (1) An improvement scheme within the frame-work of the allotted plan may be initiated by the Planning authority- (a) on its own motion; (b) upon a direction by the State Government; or (c) on a written representation by twenty-five or more residents of a ward in a Municipality constituted under the provisions of the Orissa Municipal. Act, XXIII of 1950 which are assessed to tax on holdings under the provisions of the said Act or whose names appear in the electoral roll of the said ward such representation having been submitted through the Municipal Council concerned and forthwith forwarded by the said Council with such recommendation as it may deem proper. (2) The Planning authority shall consider every representation made under Sub-section (1) and if satisfied as to the necessity or expediency for an improvement scheme on the lines suggested and as to the sufficiency of its resources for executing such a scheme shall within ninety days from the date of the receipt of representation decide whether the scheme should be framed forthwith or not and shall intimate its decision to the Director or the State Government as the case may be. 20 (3) If the Planning authority decides that it is not necessary or expedient either to frame an improvement scheme forthwith, it shall inform the Director or the State Government as the case may be, of the reasons for its decision. (4) If the Planning authority fails for a period of ninety days after the receipt of any representation made under Sub-section (1) to intimate its decision thereon to the Director or the State Government as the case may be or if the said authority intimates to the Director or the State Government as the case may be, its decision that it is not necessary and expedient to frame an improvement scheme forthwith or decides to frame a scheme of a type other than that represented under the foregoing provisions, the State Government may consider the same whether, referred to directly or through the Director. (5) The State Government shall consider every reference made to them under Sub-section (4), and - (a) if they consider that the Planning authority ought, in all circumstances, to have made a decision within the period mentioned in Sub -section (2), shall direct the Planning authority to make a decision within such further period as the State Government may think reasonable; or (b) if they consider that it is, in all circumstances, expedient that a scheme should forthwith be framed, shall direct the said authority to proceed forthwith to frame a scheme. Such a direction may specify the type of scheme to be framed. (6) The Planning authority shall comply with every direction given by the State Government under this section. 45 - Preparation, publication and transmission of notice as to improvement scheme, etc. :- (1) When any improvement scheme has been framed, the Planning authority shall prepare a notice stating- (a) that the scheme has been framed; that the boundaries of the areas comprised in the scheme and the place and time at which particulars of the scheme together with a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover a betterment charge may be seen at reasonable hours. (2) The Planning authority shall - (a) cause the said notice to be published in two consecutive issues of the Gazette and in a local newspaper, if any, inviting objections and suggestions from the interested persons within forty-five days of the publication of the notice; and (b) serve a copy of the notice, within thirty days of the publication of the scheme, on each of the owners of the land which is proposed to be acquired, on any person or persons known or believed to be interested therein. 21 (3) All the objections, suggestions or representations received within the period specified in Sub-section (2) in respect of any scheme shall be forthwith considered by the Planning authority and it may after hearing all such persons or their duly authorised agent's making any such objection, suggestions or representations as may desire to be heard, send a report to the State Government either directly or through the Director as the case may be. (4) Every such report shall be accompanied by- (a) a description of and full particulars relating to the scheme together with the complete plans and estimated cost of its execution; (b) a statement of the reason for any modification made in the scheme as originally framed; (c) a statement of objections or representations, if any, received; (d) a list of the names of all persons, if any, who have objected to the proposed acquistions of their lands or to the proposed recovery of a betterment charge and a statement of the reasons for such objection; (e) a statement of the arrangements, if any, made or proposed by the Planning authority for re-housing of persons who are likely to be displaced by the execution of the scheme and for whom a re-housing scheme is required; and (f) such other particulars as may be prescribed. 46 - Power to sanction, reject or return improvement scheme :- (1) The State Government may sanction, either with or without modification, or may refuse to sanction, or return for reconsideration any scheme submitted to them under Section 45. While sanctioning the scheme, the State Government shall ensure that suitable arrangements have been made in the scheme for re- housing of persons and institutions which in the opinion of the Government are devoted to philanthropic purposes, that are likely to be displaced as a result of the execution of the scheme. (2) If a scheme which is returned for reconsideration under Sub-section (1) and is modified by the Planning authority, it shall be republished in the manner provided in Section 45- (a) in every case in which the modification affects the boundaries of the area comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired; (b) in every other case, unless the modification is, in the opinion of the State Government, not of sufficient importance to require republication. 47 - Notification of sanction of improvement scheme :- (1) Whenever the State Government sanction an improvement scheme, such sanction shall be notified in the Gazette and published in at least two local newspapers and except in the case of a Deferred Street Scheme, Development Scheme or a Town Expansion Scheme, the Planning authority shall forthwith proceed to execute the 22 scheme. (2) The publication of a Notification under Sub-section (1) in respect of a scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned and shall be sufficient authority for the Planning authority to execute the scheme. 48 - Duty to develop and offer house sites for persons to be displaced from residences :- When as a result of the execution of a scheme any person is likely to be displaced from his residence and when such person has no other residence of his own in the local area, it shall be the duty of the Planning authority to develop and offer, so far as may be practicable, a house site for sale or lease to such person before actually displacing him. 49 - Alteration of improvement scheme after sanction :- At any time after an improvement scheme has been sanctioned by the State Government and before it has been carried into execution, the Planning authority may alter it: Provided that- (a) if any alteration is considered likely to increase the estimated net cost of executing the scheme by more than ten per centum or by more than fifty thousand rupees, such alteration shall not be made without the previous sanction of the Government; (b) if any alteration involves any acquisition otherwise than by agreement, of any land, the acquisition of which has not been sanctioned by the State Government, the procedure provided in the foregoing sections of this Chapter shall, so far they are applicable be followed as if the alteration was a separate scheme; (c) if, owing to any alteration any land not previously liable under the scheme to the payment of any betterment charge becomes liable to such payment the procedure provided in Section 45 shall so far as applicable be followed in regard to such land. 50 - Transfer to the Planning authority for purposes of improvement scheme of building or land vested in Municipality :- (1) Whenever any building or any street, square or other land or any part thereof which is situated in any part of a Municipality constituted under the Orissa Municipal Act, XXIII of 1950 and is vested in that Municipality, is within the area of any improvement scheme and is required for the purpose of such scheme, the Planning authority shall give notice accordingly to the executive authority or officer of such Municipality and such building, street, square, other land or part thereof shall, notwithstanding anything contained in the Orissa Municipal Act, XXIII of 1950, thereupon vest in the said authority. (2) Where any land situated in a Municipality vests in the Planning authority under the provisions of Sub-section (1) and the said authority makes a declaration that such land shall be retained by it only until it reverts to the Municipality as part of a street or an open space under Section 38, no compensation shall be payable by the Planning authority to the Municipality in respect of the land. 23 (3) Where any land or building vests in the Planning authority under Sub- section (1) and no declaration is made under Sub-section (2) in respect of the land, the said authority shall pay to the Municipality as compensation a sum equal to the market value of such land or building as on the date of the publication of the Notification under Section 47; and where any building situated on land in respect of which a declaration has been made by the said authority under Sub- section (1), like compensation shall be payable in respect of such building by the said authority: Provided that land of equal market value may be given in exchange in lieu of compensation. (4) If in any case where Planning authority has made a declaration in respect of any land under Sub-section (2), and retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the Municipality, the Planning authority shall pay to the Municipality compensation in respect of such land in accordance with the provisions of Sub-section (3). (5) If any question of dispute arises - (a) as to whether compensation is payable under Sub-section (3) or Sub-section (4); or (b) as to the amount of the compensation paid or proposed to be paid under Sub-section (3) or Sub-section (4); or (c) as to whether any building or street or square or other land or any part thereof is required for the purposes of the scheme; the matter shall be referred to the State Government whose decision shall be final. 51 - Transfer of private street or square to the Planning authority for purposes of improvement scheme :- (1) Whenever any street or square or part thereof which is not vested in any Municipality constituted under the Orissa Municipal Act, XXIII of 1950 is required for executing any improvement scheme the planning authority shall close to be affixed in a conspicuous place in or near such street, square or part, a notice signed by the Chairman; and (a) stating the purpose for which the street, square or part is required; and (b) declaring that the Planning authority will, on or after a date to be specified in the notice take over charge of such street, square or part from the owner thereof; and shall simultaneously send a copy of such notice to the owner of such street, square or part. (2) After considering the objections (if any) received in writing before the date specified under Clause (b) of Sub-section (1), the Planning authority may take over charge of such street, square or part and the same shall thereupon vest in the said authority. 24 (3) When the Planning authority alters or closes any street or square or part thereof which has vested in it under Sub-section (2), it shall pay reasonable compensation to the previous owner for the loss of his rights thereon. (4) If the alteration or closing of any such street, square or part cause damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, the planning authority- (i) shall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street square or part as a means of access to any property or place; and (ii) if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money. 52 - Provisions of drain or water-work to replace another situated on land vested in the Planning authority under Section 50 or 51 :- (1) Where in any building or street, square or other land or part thereof referred to in Section 50 or 51, there is any Municipal drain water-work, electric main or installation, such drain water-work, electric main or installation shall not vest in the Planning authority until the said authority has provided, if such provision is necessary another drain water work, electric main or installation to the satisfaction of the Municipality. (2) If any question or dispute arises as to whether another drain water work, electric main or installation is necessary or as to the sufficiency of any drain water-work, electric main or installation provided by the Planning authority under Sub-section (1), such question or dispute shall be referred to the State Government whose decision thereon shall be final. 53 - Repairing and watering of streets vested in Planning authority :- Whenever the Planning authority allows any street vested in it to be used for public traffic, it shall- (a) keep the Street in good repair, as far as practicable, and do all things necessary for the safety and convenience of persons using it; and (b) cause the street to be watered, if it considers it necessary to do so for the public convenience. 54 - Guarding and Lighting when street vested in the Planning authority is opened or broken up, when street under construction and speedy completion of work :- Whenever any drain, or the payment or surface of any street vested in the Planning authority, is opened or broken up by it for the purposes of carrying on any work, or whenever the said authority-allows any street which it has under construction to be used for public traffic, the said authority shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shorting 'up and protecting adjoining buildings and shall with all convenient speed, complete the said work, fill in the ground, and repair the said drain, payment of surface and carry away the rubbish occasioned thereby or complete 25 the construction of the said street as the case may be. 55 - Prevention or restriction of traffic in street vested in the Planning authority during progress of work :- (1) When any work referred to in Section 54 is being executed by the Planning authority in any public street vested in it, or when any other work which lawfully be done, is being executed by the said authority in any street vested in it, the said authority may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally, or to traffic of any specified description. (2) When any such direction has been given, the Planning authority shall, after notifying in local newspapers its intention to do so, set up, in conspicuous possession in or near the street, an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as it may think proper for preventing or restricting traffic therein. 56 - Provisions of facilities and payment of compensation when work is executed by the Planning authority in public street vested in it :- (1) When any work is being executed by the Planning authority shall, so far as may reasonably be practicable, make adequate provision for - (a) the passage or diversion of traffic; (b) securing access to all premises approached from such street; and (c) any drainage, water-supply or means of lighting which is interrupted by reason of the execution of the work. (2) The Planning authority shall pay reasonable compensation to any persons who sustains damage by reason of the execution of any such work. 57 - Power of Planning authority to run or close public street or square vested in it :- (1) The Planning authority after giving public notice for fifteen days- (a) turn, divert, discontinue the public use of, or permanently close any public square vested in it or any part thereof; (b) discontinue the public use of, or permanently close, any public square vested in it or any part thereof. (2) Whenever the Planning authority discontinues the public use of or permanently closes any public street vested in it or any part thereof, It shall pay reasonable compensation to every person who was entitled, otherwise than as means of access and his suffered damage from such discontinuance or closing. (3) Whenever the Planning authority discontinues the public use of or permanently closes, any public square vested in it, or any part thereof, it shall pay reasonable compensation to every person- (a) who was entitled, otherwise than as a mere member of the public, to use such square or part as means of access; or (b) whose immovable property was ventilated by such square or part, and who are suffered damage- 26 (i) in case (a) from such discontinuance or closing; or (ii) in case (b) from the use to which the said authority has put such square or part. (4) In determining the compensation payable to any person under Sub- section (2) or Sub-section (3) the Planning authority shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street or square 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. (5) When any public street or square vested in the planning authority or any part thereof is permanently closed under Sub-section (1), the said authority may sell or lease so much of the same as is no longer required. 58 - Reference of dispute to Tribunal :- (1) If any question or dispute arises- (a) between the Planning authority and the previous owner of any street or square or part thereof which has vested in the said authority under Section 51 and has been altered or closed by it, as to the sufficiency of the compensation paid or proposed to be paid under Sub-section (3) of that section; or (b) between the Planning authority and any person who was entitled, otherwise than as a member of the public, to use as a means of access any street or square or part thereof which has vested in the said authority under Section 51- (i) as to whether the other means of access provided or proposed to be provided under Sub-section (4) of Section 51 are reasonably sufficient; or (ii) as to the sufficiency of any compensation paid or proposed to be paid under Sub-section (4); or (c) between the Planning authority and any person as to the sufficiency of any compensation paid or proposed to be paid to him under Sections 36, 39, 40, 42, 56 and 57; the matter shall be determined by the Tribunal if referred to it either by the Planning authority or by the claimant, within a period of three months in case of Clause (a) or Clause (b) from the date on which the street or square or part thereof was altered or closed by the Planning authority, and in case of Clause (c), the date on which the said person was informed of the decision of the Planning authority, the amount of compensation to be paid to him or rejecting his claim to compensation and the determination of this Tribunal is final. (2) If a reference to the Tribunal be not made within the period provided in Sub-section (1), the decision of the Planning, authority shall be final. (3) For the purpose of determining any matter referred to it under Sub- section (1), the Tribunal shall have all the powers with regard to witnesses, 27 documents and costs which it would have if the Land Acquisition Act, 1 of 1894 as modified by Section 64 of this Act, were applicable to the case. 59 - Vesting in Municipality of streets laid out or altered and open spaces provided by the Planning authority under an improvement scheme :- (1) Whenever the Municipality is satisfied- (a) that any street laid out or altered by the Planning authority, has been duly leveled, paved, metalled, flagged, channeled, sewered and drained in the manner provided in the plans sanctioned by the State Government under Section 46; (b) that such lamps, lamp posts and other apparatus as the Municipality considers necessary for the lighting of such street and as ought to be provided by the Planning authority have been so provided; and (c) that water and other sanitary convenience ordinarily provided in the Municipal area have been duly provided in such street; the Municipality may, with the previous approval of the State Government and after informing the Planning authority of its intention to do so; by written notice affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall, thereupon vest in the Municipality, and shall henceforth be maintained, kept in repair, lighted and cleansed by the Municipality. (2) When any open space for purposes of ventilation or recreation has been provided by the Planning authority, in executing any improvement scheme, it shall on completion, be transferred to the Municipality by resolution of the said authority and shall thereupon vest in, and be maintained at the expense of the Municipality: Provided that the Municipality may require the Planning authority before any such open space is so transferred to enclose, level, turf, drain and layout such space and provide footpaths therein and, if necessary to provide lamps and other apparatus for lighting it. (3) If any difference of opinion arises between the Planning authority and the Municipality in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final. 60 - Notice to Municipality to take over certain duties :- (1) When the execution of a scheme prepared within the frame work of the Master Plan has been completed by the Planning authority, the said authority may, by a written notice, ask the Municipality to take over the maintenance of roads and of these werage, drainage, water-supply, lighting and conservancy systems comprised within the scheme and, if the Municipality fails to comply with the notice within two years of the date of the service of such notice, such road and system shall be deemed to have vested in the Municipality who shall thereupon be responsible for the maintenance of such roads and systems. (2) If any difference of opinion arises between, the Planning authority and 28 the Municipality in respect of any matter referred to in Sub-section (1) the matter shall be referred to the State Government whose decision shall be final. 61 - Power of Planning authority to retain service passages :- Notwithstanding anything contained in Sections 59 and 60 the Planning authority may retain any service passage which it has laid out for santitary purposes, and may enter into an assignment with the Municipality or any other person for the supervision, repair, lighting and general management of any passage so retained. 62 - Power to purchase or lease by agreement :- The Planning authority may enter into an agreement with any person for the acquisition from him by purchase, lease, or exchange, of any land which the Planning authority is authorised to acquire of any interest in such land. 63 - Power to acquire land under the Land Acquisition Act, 1894:- The Planning authority may with the previous sanction of the State Government, acquire land under the provisions of the Land Acquisition Act, 1 of 1894, for carrying out any of the purposes of this Act. 64 - Notification of the Land Acquisition Act, 1894 :- For the purpose of acquiring land for the Planning authority under the Land Acquisition Act, 1 of 1894 the said Act shall be subject to the modification specified in the Schedule to this Act. 65 - Tribunal to be constituted :- (1) The State Government may, if they think fit, constitute a Tribunal for the purpose of performing the functions of the Court in reference to the acquisition of land for the Planning authority under the Land Acquisition Act, 1 of 1894. (2) The Tribunal shall consist of one person who is or had been a member of Superior Judicial Service for a period of not less than five years. (3) When a Tribunal is constituted under Sub-section (1) - (i) the Tribunal shall (except for the purposes of Section 54 of this Act) be deemed to be the Court; (ii) The Tribunal shall have the power to summon and enforce the attendance of witnesses and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1 of 1908; and (iii) the award of the Tribunal shall be deemed to be award of the Court under the Land Acquisition Act, 1 of 1894 and shall be final. 66 - Officers and employees of the Tribunal :- (1) The Tribunal shall from time to time prepare a statement showing - (a) the number of grades of the assistants and other officer and employees who, it considers should be employed for carrying on the business of the Tribunal; (b) the amount of the salary to be paid to each such officer and 29 employees; and (c) the contribution payable under Section 130 in respect of each such officer or employee who is a Government servant. (2) All statements prepared under Sub-section (1) shall be subject to the previous sanction of the Government. (3) The Tribunal shall subject to any Rules made by the State Government in this behalf make Regulations- (i) for regulating the grant of leave of absence, leave allowances and acting allowances of the officers and employees of the Tribunal: Provided that a Government servant employed as officer or employee of the Tribunal shall not be entitled to leave or leave allowances otherwise than as may be laid down in the conditions of his service under the Government relating to transfer to foreign service; (ii) for establishing and maintaining a provident or annuity fund, for compelling all or any of the officers or employees of the Tribunal (other than any Government servant in respect of whom a contribution is paid under Section 130), to subscribe such fund, at such rates as subject to such conditions as may be prescribed and, with the sanction of the Planning authority for supplementing such subscriptions out of the funds of the said authority; (iii) for determining the conditions under which the officers and employees of the Tribunal or any of them, shall on retirement received gratuities or compassionate allowance and the amount of such gratuities and compassionate allowances: Provided that it shall be in the discretion of the Tribunal to determine whether all or any specified officers and employees shall become entitled on retirement to any such gratuities or compassionate allowances as aforesaid. (4) Subject to any Regulations made under Sub-section (3) and for the time being in force, the power of making appointment and promotions to posts in the service of the Tribunal, of granting leave to officers and employees holding such posts, or censuring, fining, withholding promotion from, reducing, suspending, removing or dismissing such officers and servants for any breach of departmental rules or discipline or for carelessness, unfitness, neglect or duty or other misconduct and of discharging such officers and employees from the service of the Tribunal for any other reasons, shall be exercised by the Tribunal. 67 - Payment by the Planning authority :- The amount necessary for the payment of remuneration, salaries, leave allowances and acting allowances in accordance with Section 66 shall be provided by the Planning authority. 68 - Power to make regulations for Tribunal :- (1) The Tribunal may, from time to time, with the previous sanction of the State Government, make regulations, not repugnant to the provisions, of the Code of Civil Procedure, 1 of 1908 for the conduct of business by the Tribunal. 30 (2) All such Regulations shall be published in the Gazette. 69 - Enforcement of the award or order of the Tribunal :- Every award of the Tribunal, and every order made by the Tribunal for the payment of money, shall be enforced by the Civil Court or competent jurisdiction as if it were a decree of the said Court. 70 - Payment of betterment charge :- (1) When by the making of any improvement scheme any land in the areas comprised in the scheme which is not required for the execution thereof will, in the opinion of the Planning authority, be increased in value, the said authority, in framing the scheme, may, in lieu of providing for the acquisition of such land, declare that a betterment charge 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 land resulting from the execution of the scheme either in lump sum or in instalments in such number and in such manner as may be prescribed by the State Government: Provided that the State Government may at their discretion exempt from the provisions of this section such lands as were being used for philanthropic purpose before the sanction of the scheme. (2) Such betterment charge shall be an amount not exceeding one half of the increase in value of the land resulting from the execution of the scheme as may be prescribed by the State Government. 71 - Assessment of betterment charge by the Planning authority :- (1) When it appears to the Planning authority that an improvement scheme is sufficiently advanced to enable the amount of betterment charge to be determined, the said authority shall, by a resolution passed in this behalf declare that for the purpose of determining such charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of land to be assessed, has been served under Section 45 or to the successor-in-interest of such person to assess the amount of the betterment charge payable in respect of such land under Section 70. (2) The Planning authority shall then assess the amount of betterment charge payable by each person concerned in each particulars area after giving such person an opportunity to be heard and such person shall within thirty days from the date of receipt of notice in writing of such assessment from the Planning authority inform the said authority in writing whether or not he accepts the assessment. (3) When the assessment proposed by the Planning authority is accepted by the person concerned within the period specified in Sub-section (2) such assessment shall be final. (4) if the person concerned does not accept the assessment made by the Planning authority or fails to give the said authority the information required by Sub-section (2) within the period specified therein the matter shall be determined by an arbitrator to be appointed by the State Government with same qualification of a Tribunal as specified in Sub-section (2) of Section 65. 31 (5) Any party aggrieved by the decision of the arbitrator may, within three months from the date of the communication thereof, appeal to the High Court and subject to the result of such appeal, if any, the decision of the arbitrator shall be final and binding on all persons concerned. 72 - Power and duties of arbitrator :- (1) The arbitrator shall give notice of his proceedings and conduct them in the manner prescribed by the State Government and communicate his award to the parties concerned: Provided that every party to such proceedings shall be entitled to appear before the arbitrator either in person or by its authorised agent. (2) The arbitrator shall have all the powers of a Civil Court under the Code of Civil Procedure V of 1908 for the purpose of taking evidence on oath and enforcing the attendance of witnesses and compelling the production of documents and other material objects. (3) The cost of and incident to all proceedings before the arbitrator shall be in his discretion and the arbitrator shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose. 73 - Planning authority to give notice to persons liable to payment of betterment charge :- When the amount of all betterment charge payable in respect of land in area comprised in the same has been determined under Section 71 the Planning authority Shall, by a notice in writing to be served on all persons liable to such payment fix a date by which such payment shall be made, and interest at the rate of five per centum per annum upon any amount outstanding shall be payable from that date. 74 - Agreement to make payment of betterment charge a charge on land :- (1) Any person liable to pay a betterment charge in respect of any land may at his option, instead of making a payment thereof to the Planning authority execute an agreement with the said authority to leave the said payment outstanding as a charge on his interest in the land subject to the payment of interest at the rate of five per centum per annum, the first annual payment of such interest to be made after one year from the date referred in Section 73. (2) Every payment due from any person in respect of a betterment charge and every charge referred to in Sub-section (1) shall notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equitable, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land. (3) If any installment of interest due under any agreement executed in pursuance of Sub-section (1) be not paid on the date on which it is due the betterment charge shall become payable on the date, in addition to the said installment. (4) At any time after an agreement has been executed in pursuance of Sub-section (1), any person may pay off the charge created thereby, with interest 32 at five per centum per annum up to the date of such payment. (5) When an agreement in respect of any land has been executed by any person in pursuance of Sub-section (1), no suit with respect to such agreement Shall be brought against the Planning authority, by any other person (except an heir, executor or administrator of the person first aforesaid or the holder or any prior charge on such land) claiming to have an interest in the land. 75 - Recovery of money payable in pursuance of Section 71 or 74 :- All money payable in respect of any land by any person in respect of a betterment charge under Section 71 or any person under any agreement executed in pursuance of Sub-section (1) of Section 74 shall be recoverable by the Planning authority (together with interest due up to the date of realisation at the rate of five per centum per annum), from the said person or his successor-in-interest in such land in the manner provided by the Orissa Municipal Act, XXIII of 1950, for the recovery of taxes and if the said money is not so recovered it shall be recoverable as an arrear of land revenue. 76 - Planning authority to appoint persons for enforcement of processes for recovery Of dues :- The Planning authority may direct by what authority any powers or duties incident Under the Orissa Municipal Act; XXIII bf 1950, to the enforcement of any process for the recovery of taxes shall be exercised and performed when that process is employed under Section 75. 77 - Agreement of payment not to bar acquisition under a fresh declaration :- If any land, in respect of which the payment of a betterment charge has been accepted in pursuance of Sub-section (3) of Section 71 or in respect of which an agreement regarding the betterment charge has been executed under Section 74 be subsequently required for any of the purposes of this Act, the payment or agreement shall not be deemed to prevent the acquisition of the land in pursuance of a fresh declaration published under Section 6 of the Land Acquisition Act, 1 of 1894. 78 - Power to dispose of land :- (1) The Planning-authority may retain, or may lease, sell, exchange, let on hire, or otherwise dispose of, any land vested in or acquired by it under this Act. (2) Whenever the Planning authority decides to lease or sell any land acquired by it under this Act from any person, it - (a) shall give notice by advertisement in the local newspapers, and (b) shall offer to the said person, or his heirs, executors or administrators, a prior right to take on lease or to purchase such land, at a rate to be fixed by the Planning authority if the said authority considers that such an offer can be made without detriment to the carrying out of the purposes of this Act. (3) If in any case two or more persons claim to exercise a right offered under Clause (b) of Sub-section (2) to take on lease or to purchase any land, the right shall be exercisable by the person who agrees to pay the highest sum for the land, not being less than the rate fixed by the Planning authority, under that 33 clause to the exclusion of the others. 79 - Conditions for abandonment of acquisition :- (1) The Planning authority may abandon acquisition of any land or portion thereof for which notice of acquisition has been duly served on the owner, if - (a) the land is not required for any particular improvement Scheme; and (b) if the owner gives an undertaking to the satisfaction of the Planning authority to develop the land in accordance with the master plan and the direction of the said authority. (2) In all such cases as above the Planning authority shall enter into an agreement with the owner specifying the conditions under which the land has been abandoned to the owner. (3) The Planning authority shall recover from the owner such consideration as it thinks fit before it actually abandons the acquisition proceedings. 80 - Constitution and powers of a Special Planning authority :- (1) The State Government may by Notification declare that it is necessary to make administrative provisions for all or any of the purposes of this Act in the whole or any part of a Municipality or any other area to which the provisions of this Act have been applied under Sub-section (3) of Section 1 (hereinafter referred to as the said area) other than a local area for which a Trust has been constituted under Section 7. (2) The State Government shall thereupon appoint an officer of the Government to exercise powers and perform duties of a Planning authority as hereinafter specified. (3) The State Government may, by Notification direct that the Planning authority shall in respect of the said area exercise and perform ail or any of the powers and duties which may be conferred or imposed on the said authority under this Act subject to such modification and exceptions as may be specified in the Notification. (4) The State Government may, by Notification - (a) apply or adapt to the said area any provisions of the Act which may be applied to a local area within jurisdiction of a Planning authority or any Rule or bye-law in force in relation to the said authority; (b) impose in the said area any duty, charge or fee or pay any contribution which could be imposed by or paid to the Planning authority if the area were within the jurisdiction of the said authority; (c) appoint or make Rule for the appointment or election of a Committee or Committees to carry out the purposes of this Act in the said area. 81 - Construction of enactment and expenditure :- When an, enactment or Rule is applied or adapted or to any tax, charge or fee imposed in, or any contribution paid to, the said area under the Chapter then unless a different intention appears, such enactment or Rule shall apply, and the proceeds of such tax, charge or fee or contribution may be expended in such manner as if the said 34 area were an area within the jurisdiction of the Planning authority. 82 - Grants to Planning authority :- The State Government, any Local authority or any person whether a body corporate or not may make grants to any Planning authority for the purpose of executing any improvement scheme under this Act. 83 - Duty on certain transfers of immovable property :- (1) The duty imposed by the Indian Stamp Act, 1 of 1899, on any deed of transfer of immovable property shall in the case of immovable property situated within the area to which this Act applies be increased by 1[three per centum] on the value of the property transferred in the case of a usufructuary mortgage on the amount secured by the instrument. (2) For the purposes of this section, Section 27 of the Indian Stamp Act, 1 of 1899, as modified from time to time, shall be read as if it specifically required the particulars referred to therein to be set forth separately in respect of- (a) property situated in the Municipality or local area, and (b) property situated outside the Municipality or local area. (3) For the purposes of this section, Section 64 of the said Indian Stamp Act, 1 of 1899, as modified from time to time, shall be read as if it referred to the Planning authority as well as the State Government. (4) All collections resulting from the said increase shall after deducting incidental expenses, if any, be paid to the Planning authority at such time as may be prescribed by the State Government. 84 - Annual contribution by State Government :- The State Government shall, contribute to the Planning authority on the first day of April every year after the constitution of the said authority for such period as the State Government may, by Notification fix, such sum as may be specified in the Notification. 85 - Contribution from Municipal Fund :- (1) The Municipal Council shall pay from the Municipal Fund to the Planning authority concerned on the first day of each half year, so Long as such authority continued to exist, a sum equivalent to one per cent per quarter on the annual rateable valuation determined under Chapter XIII of the Orissa Municipal Act, XXIII of 1950, in respect of the local area as the said annual rateable valuation stood on the first day of the last preceding quarter: Provided that if this Act comes into force in the Municipality during a quarter, the amount of the first of such payments shall bear such proportion to the sum payable hereunder as the unexpired portion of that quarter bears to the whole quarter. (2) The payments provided by Sub-section (1) shall be made in priority to all other payments due from the Municipality except those referred to in Section 116 of the Orissa Municipal Act, XXIII of 1950: