Amendment of Schedule to Bom. XXVII of 1955

In paragraph 1 of the Schedule to the principal Act, sectim 23 shalt be re: . numbereb as sub-section

1. (I) of that section, and
2. (I) in sub-section
3. (I) as so renumbered after clause (6), the following shall be- added, namely : - "(7) damage, if any bonnfide resulting from diminution of the profits of tht land between the time of the publication of the declaration under section 6 and the time when the possession of tlre land was taken.";

1. (2) after sub-section
   • (I) as so renumbered the following shall be inserted, namely : - "(2) In addition to the market value of land, as provided in sub-section
2. (1) the Court shall in every case award a sum of fifteen per centurn on such: market value, in consideration of the compulsory nature of acquisition.". 1. Short title
   • (I) This Act may be called the Bombay Town Planning (Gujarat Extension short titlo and commsn. , and Amendment) Act, 1967. wmmt.
3. (2) It shall come into for& on such date as the State Government may, by notification in the Ojficial Gazette, appoint. 2. Amendment of section 34 of Bom. XXVII of 1955 In the Bombay Town Planning Act, 1954 (hereinafter referred to

"the principal Act"), in section 34, for the ort ti on

beginning with the words "present an appeal" and ending with the words "and decide the appeal" the following shall be substituted, namely :- "present an appeal, in the City of Ahmedabad to the Principal Judge of the Ahmedabad City Civil Court and elsewhere to the District Judge, for its dcci- sian by a Board of Appeal, constituted under section 35".

3. Amendment of section 35 of Bom. XXVII of 1955 In section 35 of the principal Act,-

1. (1) for sub-sections
2. (1) and (2), the following sub-sections shall be substituted, namely :- "(1) On receipt of an appeal under section 34, the Principal Judge of the Ahmedabad City Civil Court, or, as the case may be, the District Judge shall, as soon as may be, constitute a Board of Appeal, consisting of him- self as the President and two other fit and proper persons as Assessors, for hearing and deciding the appeal: Provided that if such Judge is personally interested in any appeal presented to him, he shall make a report to the State Government and the State Government may thereupon, in consultation with the High Court, appoint, in the City of Ahmedabad, any other Judge of the Ahmedabad City Civil Court and elsewhere, any other Judge not lower in rank than that of an Assistant Judge, to be the President of the Board of Appeal; and the Presi- dent so appointed shall then constitute the Board of Appeal consisting of himself and two Assessors as aforesaid,
3. (2) The Board of Appeal constituted under sub-section
4. (1) shall be deemed dissolved as soon as a copy of its decision in appeal is sent to the Town Planning Officer under sub-section
5. (2) of section 43.";
   • (ii) sub-sections
6. (3) and
7. (4) shall be deleted;
   • (iii) in sub-section (5), for the word, brackets and figure, "sub-section (3)" the word, brackets and figure "sub-section (1)" shall be substituted.