Amendment status not verified — confirm the current text below against the official source.
Matters to be neglected in determining compensation: -- The Court shall not take into consideration – first, the degree of urgency which led to the acquisition; secondly, any disinclination of the person interested to part with the land acquired; thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; fourthly, any damage which is likely to be caused to the land acquired, after the date of publication of the notice under section 33 of the Puducherry Town and Country Planning Act, 1969 by or in consequence of the use to which it will be put; fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put; seventhly, any outlay or improvements on, or disposal of the land acquired, commenced, made or effected with the sanction of the local authority after the date of the declaration of the area as a planning area under section 8 of the Puducherry Town and Country Planning Act, 1969; eighthly, the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the local authority. ninthly, any increase in the value of the land by reason of the use thereof or any premises thereon in a manner which could be restrained by any court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health.]. ________ 378 STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 13 OF 1970 Under The French law viz. the Decree of 12th March, 1880, the Mayors are empowered with the approval of the local Government to issue orders regarding building lines, public streets, thoroughfares etc. But these powers are not adequate and in conformity with the present requirements. The Puducherry town and its environs are having a non-planned growth and buildings, factories and workshops have been coming up without any regard for ventilation, sanitary facilities, causing also a problem for public safety and health. Slums have been also developing like mushrooms. At present, there is no local enactment for regulating town planning or for enforcing Zoning or building regulations. Therefore, the present Bill has been prepared on the model Bill sent by the Government of India to provide for planned development and use of rural and urban land in the Union territory of Puducherry. _______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 15 OF 1971 The Puducherry Town and Country Planning Act, 1969 (No. 13 of 1969) was assented to by the President on 20th May 1970. While communicating the assent, the Government of India pointed out that the section in the Act with respect to the acquisition of the property for the purposes of development plan should be amended in such a way to dispense with notification under section 4 and declaration under section 6 of the Land Acquisition Act, 1894 and to achieve these objects by making suitable references in the provisions of the Act itself. It was also suggested that while determining the amount of compensation, the market value could be fixed as on the date of notification of the Planning area under section 8 of the Act, especially in view of the decision of the Supreme Court (in State of Gujarat Vs. Shanthilal AIR 1969 S.C. 634). Accordingly amendments have been made to sections 8, 18,33 and 51 of the Act. The other provisions of the Land Acquisition Act are also made applicable with such modifications referred to in the Schedule to the Act. The Bill thus seeks to achieve the objects stated above. ________ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 10 OF 1981 The Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970) in sub-section (2) of section 11, as originally enacted specified the members to be appointed on every Planning Authority constituted under sub-section (1) of the said section. The said sub-section (2) was amended by section 132 of the Puducherry Housing Board Act, 1973 (No. 7 of 1974) which states that the Chairman and members of the Housing Board constituited under section 3 of the said Act will be the Chairman and members of every Planning Authority. As this provision is not found to be helpful to achieve the objects of the Puducherry Town and Country Planning Act, it is felt necessary to further amend sub-section (2) of section 11 of the said Act enabling appointment of Chairman and members of every Planning Authority independent of the Chairman and members of the Puducherry Housing Board. The Bill seeks to achieve the above object. ________ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 3 OF 2009 Section 4 of the Act provides for the term of office and conditions of service of the Chairman and members of the Board. Sub-section (2) of section 4 provides that the Chairman and the other members of the Board shall be entitled to receive travelling allowances as may be fixed by the Government. Now, in view of the specific provision of sub-section (2) of section 4 and in view of the fact that the Minister in-charge of Town and Country Planning has been statutorily nominated as the Chairman of the Board, it has become necessary to declare by law that no person shall be disqualified for being chosen as or for being a member of the Legislative Assembly by virtue only of the fact that he is a Chairman or a member of the Board. For the said purpose, a new section 4A is proposed to be incorporated in the Act to meet the above- mentioned requirements. The Bill seeks to achieve the above objects. ________