Power to hand over possession of land in advance of town planning scheme.

The Goa Town and Country Planning Act, 1974

Infrastructure1974157 sections11 chapters

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Chapter VIII Town Planning Schemes

Statutory text

(1) Where a Planning and Development Authority is of opinion that it is necessary to undertake forthwith any of the works referred to in section 60 and included in a draft scheme, the Planning and Development Authority shall make an application to the Government through the Board to vest in it the land shown in such scheme.
(2) On receipt of the application made under sub-section (1), the Government may, if satisfied that it is urgently necessary in the public interest to empower the Planning and Development Authority to enter into the land for the purpose of executing any such work, by notification direct such Authority to take over possession of the land, and may also fix the period during which the execution of the said work shall be completed: Provided that the period so fixed may for sufficient reasons be extended by the Government from time to time.
(3) Where a direction has been issued under sub-section (2), the Planning and Development Authority shall give a notice in the prescribed manner to the person interested in the land requiring him to give possession of his land to the Planning and Development Authority or any person authorised by it in this behalf within a period of one month from the date of service of such notice and if such possession is not delivered within the period specified in the notice, the Planning and Development Authority shall forcibly take over possession of the land and such land shall thereupon vest absolutely in the Planning and Development Authority free from all encumbrances.
(4) If the Planning and Development Authority is opposed or impeded in taking possession of the land under sub-section (3), it shall request the Chief Judicial Magistrate or any Judicial Magistrate of the First Class having jurisdiction, to enforce the delivery of possession of the land to it and such Magistrate shall take or cause to be taken such steps and use or cause to be used such force as may reasonably be necessary for securing the delivery of possession of the land to the Planning and Development Authority. Explanation.— The power to take steps under this sub-section shall include the power to enter upon any land or other property whatsoever.
(5) The owner of the land the possession of which is taken over by the Planning and Development Authority under this section, shall be entitled to an interest at the rate of four per cent. per annum on the amount determined under section 70 as compensation payable to him in respect of the said land from the date on which such possession is taken over till the date on which the scheme in which the land is included comes into force or till the land is restored to the owner under sub-section (6), as the case may be, whichever is earlier.
(6) If the Planning and Development Authority has not fully executed within the period fixed under sub-section (2), any work on the land for which the land was vested in it, the Board shall make or tender to the owner or the person interested in the land such compensation for the damage, if any, done to the land as he may think reasonable and shall restore the land to the owner or the person interested therein.

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