Chapter VI Chapter VI

Acquisition and disposal of land

1. (1) The Board may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange of any land which is needed for the purposes of a housing scheme, or any interest in such land, or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith: Provided that the previous approval of the Government shall be obtained in case of purchase or exchange involving land worth more than rupees twenty-five thousand or lease for more than five years.
2. (2) The Board may also take necessary steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing, improvement or building scheme in the manner provided in the Land Acquisition Act, 1894, and the acquisition of any land or any interest therein for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894.

1. (1) When by the making of a housing, improvement or building scheme any land in the area comprised in the scheme will in the opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment charges 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 from the execution of the scheme. (2)Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment charges shall be one half of such increase in value.
2. (3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme.
3. (4) Notwithstanding anything contained in sub-sections (1) and (3), in respect of any land used for agricultural purposes at the time of the execution of the schemes, the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only after such land is used, or converted for use, for non-agricultural purposes.

1. (1) The Board shall give notice in the prescribed form to any person who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard.
2. (2) After hearing such person or if such person fails to appear before the expiry of the period within which such person is required to appear before the Board without hearing such person, the Board shall proceed to assess the amount of betterment charges.
3. (3) Where the assessment of betterment charges proposed by the Board is accepted by the person concerned within the period prescribed, the assessment shall be final.
4. (4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Government.
5. (5) The Government shall, after hearing the person concerned and after holding an inquiry, if any, as may be necessary, assess the amount of the betterment charges payable by the person.

(l) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at such rate not exceeding five per cent per annum as may be prescribed. (2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall, notwithstanding anything contained in, any other enactment and notwithstanding the execution of any mortgage or charge created whether before or after the commencement of this Act, be the first charge upon the interest of such person in such land.

All sums payable in respect of any land by any person in respect of betterment charges under section 54 or by any person under an agreement under section 56 shall, together with interest, due from the date of notification, be recoverable on behalf of the Board as an arrear of land revenue.

Subject to such rules as may be made by the Government under this Act, the Board may retain, lease, sell, exchange or otherwise dispose of any land, build- ing or other property vesting in it and situated in the area comprised in any housing, improvement or building scheme sanctioned under this Act.

1. (1) (a) Whereby the making of a housing, improvement or building scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, the Board shall, after making such inquiry as it thinks fit, award to the person affected by such reconstitution or dispossession such compensation as it deems reasonable.
   • (b) If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly within one month.
   • (c) The Board shall within thirty days thereof refer the matter to the Government.
2. (2) The Government shall then after making an inquiry, if necessary, determine the amount of compensation and direct the Board to pay the same to the person entitled. CHAPTER - VII Power to evict persons from Board premises

The Government may, by notification, appoint an officer who holds or has held an office, which in its opinion is not lower in rank than that of Deputy Collector or an Executive Engineer, to be the competent authority for performing the functions of the competent authority under this Chapter in such area, or in respect of such premises or class of premises, as may be specified in the notification, and more than one officer may be appointed as competent authority in the same area in respect of different premises or different classes of premises.

1. (1) If the competent authority is satisfied—
   • (a) that the person authorised to occupy any Board premises has—
     • (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or
     • (ii) sub-let, without the permission of the Board, the whole or any part of such premises, or
     • (iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or
   • (b) that any person is in unauthorised occupation of any Board premises. the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served—
     • (i) by post, or
     • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
     • (iii) in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, to vacate them within one month from the date of the service of the notice: Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made.
2. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.
3. (3) If any property belonging to the evicted occupant is found deposited in the premises at the time of taking possession of the premises under sub-section (2), the competent authority shall take possession of such property, and after giving reasonable time to the owner to recover it, dispose it of by public auction and the Board shall not be liable to pay any compensation for the alleged loss on the property left behind by the evicted person. The net proceeds realised from disposal of the property belonging to the evicted occupant shall be returned to him.
4. (4) If a person, who has been ordered to vacate any premises under sub -clause (i) or sub-clause
   • (iii) of clause (a) of sub-section (1) within thirty days of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Explanation.— For the purposes of this section and section 62, the expression “unauthorised occupation”, in relation to any person unauthorised to occupy any Board premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined.

1. (1) Subject to such rules as may be prescribed and without prejudice to the provision of section 61, where any person is in arrears of rent payable in respect of any Board premises, the competent authority may, by notice served—
   • (i) by post, or
   • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
   • (iii) in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice and if such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue.
2. (2) Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may be notice served— (i)by post,
   • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
   • (iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice and if any person refuses or fails to pay the damages, within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.
3. (3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling on him to show cause, within such period as may be specified in such notice, why such order should not be made, and until his objections if any, and any evidence he may produce in support of the same, have been considered by the competent authority.

1. (1) Without prejudice to the provisions of section 61, any person who is an employee of a Government or a local authority and who has been allotted any Board premises may execute an agreement in favour of the Government or the local authority providing that the Government or the local authority, as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due by him in respect of the Board premises allotted to him.
2. (2) On the execution of such agreement, the Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.

1. (1) Any person aggrieved by an order of the competent authority under section 61 or section 62 may, within one month of the date of the service of the notice under section 61 or section 62, as the case may be, prefer an appeal to the Government: Provided that the Government may entertain the appeal after the expiry of the said period of one month, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (2) On receipt of an appeal under sub-section (1) the Government may, after calling for a report from the competent authority, and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit, and the order of the Government thereon shall be final.
3. (3) Where an appeal is preferred under sub-section (1), the Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.