Chapter VIII Chapter VIII

(l) Whenever any street, square or other land or part there of vested in any local authority is included in the programme and is required for the purposes of carrying on such housing schemes in accordance with the programme the Board shall give notice accordingly to the local authority concerned. (2) Where the local authority concerned concurs, such street, square or other land or part thereof shall vest in the Board. (3) Where the local authority concerned refuses to give any such land for the purposes of sub-section (I), the matter may be referred to the State Government by the Board, and the State Government may, after giving a hearing to both parties, issue any direction in the matter which shall be binding on both parties. (4) Nothing in this section shall affect the rights or powers of local authority in or over any drain or water-work in such street, square or land.

(I) Where any land vests in the Board under the provisions of section 38 and the Board makes a declaration that such land, shall be retained by the Board only until it revests in the local authority concerned as part of a street or an open space under section 42, no compensation shall be payable by the Board to the local authority in respect of that land. (2) Where any land vests in the Board under section 38 and no declaration is made under sub-section (I) in respect of the land, the Board shall pay to the local authority concerned compensation determined in accordance with the provisions of this Act. (3) If in any case where the Board has made a declaration in respect of any land under sub-section (I) the board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the local authority, the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of sub-section (2).

(I) The Board may turn, divert, discontinue the public use of or permanently close, any public street vested in it or any part thereof. (2) Whenever the Board discontinues the public use of, or permanently closes any public street vested in it or any part thereof, it shall, as far as practicable, provided some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled otherwise than as a mere member of the public to use such street or part as a means of access and has suffered damage from such discontinuance or closing. (3) In determining the compensation payable to any person under sub-section (2), the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time when the public street. or part thereof, on account of which the compensation is paid, is discontinued or closed (4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer required,

(I) lf there is any dispute as to whether any compensation payable under section 39 or section 40, as the case may be, the matter shall be referred to a Board of Arbitration consisting of (i) a nominee of the Board, (ii) a nominee of the other party to the dispute, and (iii) a person who holds or has acted as, a Judicial Officer in the Proceedings not below the rank of an Additional District Judge to be appointed by the State Government, (2) The Board of Arbitration shall follow such procedure in the proceeding before it and follow such principles or apportioning the cost of proceedings as may be prescribed. (3) An appeal shall lie to the High Court against the award of the Board of Arbitration. (4) Save as provided in this section and any rules made there under, nothing in any law for the time being in force shall apply to the arbitrations under this section. (5) The State Government may make rules for the purpose of carrying into effect the provisions of this section.

Whenever the State Government is satisfied- (a) that any street laid out or altered by the Board has been dully levelled, paved, metalled flagged, channeled, sewered and drained in the manner provided in the programme; . (b) that such lamps, lamp-posts and other apparatus as the local authority concerned, considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided; and (c) that water and other sanitary convenience have been duly provided in such street; The State Government may declare the street to be a public street and the street shall thereupon vest in the local authority concerned and shall thenceforth be maintained, kept in repair, lighted and cleaned by the said authority. (2) When any open space for purpose of ventilation or recreation has been provided by the Board in executing any housing scheme it shall on completion be transferred to the local authority concerned, by resolution of the Board and shall thereupon vest in, and be maintained at, the expenses of the local authority; Provided that the local authority may require the Board, 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 Board and the local authority concerned in respect of any matter referred to in the foregoing provision of this Section, the matter shall be referred to the State Government whose decision shall be final.

It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all thing; for - (a) Unification, simplification and standardization of building materials; (b) encouraging pre-fabrication and mass publication of housing components; (c) organizing or undertaking the production of building materials required for the housing scheme; (d) encouraging research for discovering cheap building materials and evolving new methods of economic construction; (e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

It shall also be tile duty of the Board to take measures (i) to plan and co-ordinate all housing activities in the State, and to ensure expeditious and efficient implementation of housing schemes in the State; (ii) to provide technical advice and scrutinize all projects under housing schemes sponsored or assisted by the Central or State Government; (iii) to maintain, allot, lease and otherwise use plots, buildings and other properties of the Board and to fix and to refix rent and to collect rents from the properties under the control and management of the Board and repay loans to the State and Central Government; (vi) to set up a research section for the purpose of expediting the construction of and cheapening the costs of buildings; and (v) to organise and run workshops and stores for manufacture, sale, stock, pulling and supply of building material required for housing schemes.

A housing scheme may provide - (a) for the formation of a reconstituted plots by the alteration of the boundaries of an original plot; with the consent of the owners that two or more plots each of which is held in ownership in severally or in joint ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot; (c) for the allotment of a plot to any owner dispossed of land in furtherance of housing scheme; and (d) for the transfer of ownership of a plot from one person to another, with the consent of such person.

(1) Where by the making of housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed any person affected by such reconstitution or dispossession may apply to the Board for compensation. (2) The Board may, after making such enquiry as it thinks fit, decide whether the applicant is entitled to any compensation and if so to what ment. (3) If any person is aggrieved by the decision of the Board he may apply to the Board to refer the matter to the Board of Arbitration to be constituted in accordance with section 41 and the Board shall, thereafter, refer the matter to arbitration. (4) The Board of Arbitration shall, then, after making an enquiry determine the amount of compensation and direct the Board to pay the same to the person entitled

The Board may include in the cost of any housing or improvement scheme or land development scheme framed by it or any other work undertaken by it, supervision and centage charges at such rates as may be fixed by it; provided that the rate so fixed shall not be more than twenty-three percent of the scheme of work.