Insertion of new Sections

Insertion of new Sections 50-A, 50-B, 50-C, 50-D, and 50-E

After Section 50 of the Principal Act, the following shall be inserted and shall be deemed to have been inserted with effect from 1st day of November, 2000, namely:-

"50-A. Increasing or decreasing area of town development scheme.- If at any time before a draft scheme is submitted to the State Government for sanction, the Town and Country Development Authority is of the opinion that additional area to be included within the scheme or area to be excluded from the scheme, the Town and Country Development Authority may, after taking approval from the State Government and giving notice in the official gazette and also in one or more local newspapers, include such additional area in the scheme or exclude such area, and thereupon all the provisions of Section 49, 50, shall apply in relation to such additional area, as they apply to such area of the scheme, and draft scheme shall be prepared accordingly and submitted to the State Government for Sanction.

50-B. Effect of Scheme.- On the day on which the final scheme comes into force, -

1. (a) all lands required by the Town and Country Development Authority shall, unless otherwise determined in such scheme, vest absolutely in the authority free from all encumbrances;
2. (b) all the rights in the original plots, which have been reconstituted into final plots shall determine and the final plots shall become subject to the rights settled by the Committee so constituted;
3. (c) land use prescribed while allotting the final plot to the owner under the town development scheme shall be final and no permission for such diversion of land use under any other law for the time being in force, shall be necessary. 50-C. Power of authority to evict summarily.- On and after the date on which a final scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the final scheme shall, in accordance with the prescribed procedure, be summarily evicted by the Town and Country Development Authority. 50-D. Power to enforce scheme.-

1. (1) On and after the date on which the final scheme comes into force, the Town and Country Development Authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme,-
   • (a) remove, pull down, or alter any building or other work in the area included in the scheme, which is as such contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;
   • (b) execute any work which is the duty of any person to execute under the scheme, in any case where it appears to the Town and Country Development Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.
2. (2) Any expenses incurred by the Town and Country Development Authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the Town and Country Development Authority under the provisions of this Act.
3. (3) If any question arises as to whether any building or work contravenes a town development scheme or whether any provision of a town development scheme is not complied with in the erection or carrying out of any such building or work, it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.
4. (4) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Town and Country Development Authority under the provisions of this section except in respect of the building or work being before the date referred to in sub-section
5. (1) and only in so far as such building or work has proceeded until that date : Provided that any claim to compensation, which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the Town and Country Development Authority.
6. (5) The provisions of this section shall not apply to any construction undertaken by the Central Government or a State Government. 50-E. Certain decisions of the Committee shall be final.- Except in matters arising out of sub-clauses (vii), (viii), (ix), (x),
   • (xi) and
   • (xiii) of clause
7. (1) of sub-section
8. (7) of Section 50, every decision of the Committee so constituted, shall be final and binding on all persons."