Amendment status not verified — confirm the current text below against the official source.
(1) The Board may- - Powcr o r Bovd to {a) turn, divcn, disconrinue ~ h c public use of, or permancnlly I,, nrclosc cIose, any public slrctt vestcd in lhcm or any pan lhcrcof, ~ublics-l or squwc or \ - ~ ~ t d in (b) disconlinue the public use of, or pcrmanentIy closc, any public square vested in Ihcm, or any part [hereof. (2) Whenever h e Board discondnuc thc public usc of, or permanenlly closc, any public srreet vesled in them or any parl hereof, thcy shall pay reasonable compensdion lo every person who was entitled, orhcnvisc than as n mei-e liccnsee, to use such slreel or part as a means or access and has sulfered damage Irom such discondnuancc or closing. (3) Whenevcr [he Board disconrinue the public use of, or pcrmanenlly close, any public square ves~ed in Ihcrn. or any pan thereof, they shall pay rcasonahle compensation lo evcry person- (a) who was cntided, olhcrwisc than as a mcrc licensee, to use such square or pan as a mcans of access, or jb) whose im~novable properly was ventilalcd by such squarc or part, and who has suffered damage,- (i) in case (a), irom such discon~inuaocc or closing. or (ii) in case (b), rronl the usc ro which h e Board havc put such XIV of 1956.1 (ii) forward a copy of thc said nolicc LO any person whose name appcars in the municipal asessmcnr-book as being prirnari ly liablc lo pay [hc owner's share of the consolidarcd rare, or [hc ra[c on thc annual value of holdings, as thc casc may bc, in respect of any land includcd within the proposed public strccl or ~ h c proposcd public park, and (iii) forward a copy nf the said nolice and of h e plan lo which it relates to the '[Mayor, the Chainnan of any Municipaliry or Howrah] and, i f any area in [he '[(neighbourhood of lhc Howrah Municipal Corporalion and of any Muncipalily of liowrall) is] ~ncludcd in such plan, lo h e Chairman of the local authority administering any portion of such arca, and (iv) causc copics of lhc said notice and plan lo be delivered to any applicant on payment of such Tcc as may be prescribed by mlc made under section 149. (3) On or aftcr a date (no1 being less than thirty days from thc datc of 111c firs[ publicalion of thc notice) to be appointed by the Board in this bchali, rhc Board shall consider- (a) all objections in writing received from any pcrson ~rfcctcd by ~ h c plan, and (b) any rcprescntation in regard to such plan madc to thc Board by rhc3[Hownh Municipal Corporalion or nny M u n i c i p a l j ~ y of Howrah] of the aforesaid local authori~y, and rhc Board may [hereupon either widldrarv rhc plan or apply to the Stale Governnlcnl for sanclion thereto with such mdificalion (if any) as thc Board may considcr ncccssary. (4) If the Board apply for sancuon as provided in sub-section (3), lhcy shall simul~aneously forward lo thc Stalc Govcrnnlent a full slatemen1 of all objeclions and rcprescn~a~ians made to [hem undcr rhc said sub- section. (5) When a plan as aforesaid has been submitted to h e Stare Govcrnrnent under sub-sccrion (3), the Board shall cause norice of the f a c ~ lo be published for rrvo consecutive weeks in the Oficiul Guzette and in local newspapers. 'Thc words ", 10 lhr Chsimlan ortht B d y hlunicipdi~y" w c k fifil inscncd by s. 29(2)(a) o l k H r n v d lrnpmvcn~cnr (AmRd~ncnl)AcL 1983 (\Vat Btn AaXLltl of 1983). Thcrcaltm, the wnrds wilhin thcsqua hrackru weresubstituted Torthc words "Chin~lmortk How& hlunicipdi(y, lo he Chairman of the Bally hluic~paliiy" by s. ?5(b)(i) ol the Howmh ln~provzmsnl (An~ndmcn1)AcL 1995 (Wmr Ben.Ac~ XVof 1995). Tllc r ~ o r d ~ "Ho~vmb Municipdi~y and o r k Bally Municipalily is" rvcn: hi substiturcd lor tlic words "klownh Municipali~y is" by s. 29(2)(b) or thc Hownh Irnprovcmcn~ (Amendnlcn~) Act, 1983 (\YCSL Bcn. Acr XLlII of 19.53). Themfrrr, h e words urirhin ihc Tmt br~chcrs ncrc subq~i~ur~rl lor thc words "ncighburhood olthr: Hownh blvnicipaliry and OF Ihs tlnlly hlunlc~pnlily" by s. ZS(b)(ii) orlhc Hownh lmprovernenr [hrncndr~lcnr) ACI, 1995 (\Vcsi Ucn. Act Xvor 1995). 'The words "or thc Bally Municipaliiy" rwrc first inscncd hy s. 79(3) of ~ h c Howr;.h I~~ipmvcrrwn! (Anlcndnxnt) Act. 1983 (War Ben.Acr XLIlI of 1983). Thrrcaller. ~hc r\o~ds within tllc .square b n c k e ~ wrcrc substirutcd Cor Ihe wurds "Conlmissioncrs or rk Hownh Municipal~ty ur the Bnlly Municipality" by s. 25(c) o r t k Howmh ln~prnvcmcnr (Amcndnrnt) Acl. 1'145 (i1'2sl flrn.Acr XV o f 1995), The Howrah Inrproverrretrr Act, 1956. [West Bcn. Act (6) The State Governmcnt may sanclion, ciher with or wilhout b modificalion, or may rcfusc lo sanc~ion, any plan submiued to i~ under sub-seclion (3). (7) Whenever the Slate Governrncnt sanc~ions a plan it shall announce the fact by notification and the publicalion of such notificalion shall be conclusive evidence that the plan has bccn duly made and sanctioned; and the proposed public swcct or public park to which such notifica~ion rcrcrs shall be dccmcd LO be a projcctcd public steel, or a projected public park, a he case may be, and shall be so deemed mil- (a) such sweet or park has becn declarcd undcr sccdon 65 lo bc a public slrccl, or public park, or (b) thc said nolificalion has been cancelled by another nolificarion: Provided lhat such cancellation shall not arfcct thc validity of any action takcn by h c Board in pursuancc or h e said nolificalion. (8) If any persons desires to erect. re-erect or add to any wall (exceeding ten feet in height) or building which falls wilhin the arca comprised in a projcclcd public park or rvilhin rhc slrecl alignrnenl or building line of a projecled public street shown in any plan sanctioned by the Slate Government under this section, he shall submil an application in writing to the Chairman for pcrrnission SO to do: Provided as follows:- (i) no such application shall bc necessary for pcrrnission to erccl or re-erect, between a building line and [he street a6gnmenl,- (a) a porch or balcony, or (b) along nor more than onc-rhird of the fronlage, an oulhouse nor exceeding fifteen fccl in hcight; (ji) nolhing in lhis sub-section shall relieve any person From Ihe liabjli~y to obrain such sanction as it may be ncccssary ro obrain under any law for Ihc timc bcing in forcc from he local authority. (9) The Chairman shall in no casc rcfuse an application submitted under sub-secuon (8) if I l ~ e applicanl cxccutcs an agrccmcnL binding hi mscl l and his successors in interest 10 remove, wilhour compensalion, any wall or building to which that applicalion relalcs, in h c cvcnL of h e Board- (a) deciding (at any Bme after a scheme h x been sanctioned under section 50 for an area wilhin which such building or wall is situare) [hat the said wall or building, or any portion thercof, ought to be removed, and The Howmk ltwproverrrer~t Act, 1956. XLV 01 1956.1 (6) calling upon the owncr far Ihc time-being, by wri~tcn nolicc, LO removc chc same within a lime (no1 being lcss ihan sixty days from h e dale olthc scrvjce ofdle nolicc) io be specihcd in ~ h c said nolice. (1 0) If h e Chairn~an does not, within thirty days from thc rccejpl of an apflica~ion submiltcd under sub-section (8), grant or refuse rhc pcmission applicd Tor rhereundcr, such perniission shall be dcemed !o have k c n grantcd. (I I ) If thc Chairman refuscs pcmission to any pcrson lo erecl, rc- erecl or add 10 any wall or building as aforesaid which falls- (i) wii11in rhc slrcel align~ncn t of a projected public streel, or witliin a projccted public piirk, or (ii) belween thc strect alignmcnl and [he building linc of a pmjectcd public street, the owncr of the land on which il was sought lo crccl, re-erect or add to such wall or building, may call upon thc Board, at any rime, within three monhs from the date of such relusal cilher- (a) to pay him conipensation for any damage sustained by him in consequencc of such refusal. or (b) lo acquire so much of his land as falls within thc sueei alignment, or be~ween 111e smcct alignmenr and thc building line ur wirhin lj~e park or spacc, as Ihe case may bc: and Ihc Board shall lhcrcupon- in case (a), makc lull compensa~ion ro h e said owncr for any damage which hc may be found to have sustained in conscquence of such rcfusal, and in case (b), forthwjrh takc sleps to acquire thc said land: Provjded thar, in thc case of such land as falls within ihc street alignmcnt only, it shalt be optional wirh he Board to acquire [he sanlc in licu of paying compensation dlerefor. (12) An appeal shall lic to [he Board fram any refusal by thc Chairman lo grant m appIicalion undcr his secuon.