Chapter III IMPROVEMENT SCHEMES

ment, etc.—The Board may, subject to the provisions of this Act, under- "take any works and incur any expenditure for the improvement or development of any area to which this Act applics, and for the framing and execution of such improvement schemes as may be necessary from time to time.

An improvement scheme may provide for all or any of the following matters, namely :—

1. (a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;
2. (b) the re-laying out of any land comprised in the scheme; © the re-distribution of sites belonging to owners of property comprided in the scheme;
3. (d) the closure or demolition of dwellings or portions of dewellings unfit for human habitation;
4. (e) the demolition of obstructive buildings or portions of buildings;
5. (f) the construction and re-construction of buildings; re
6. (g) the sale, lease, or exchange of any property comprised in the scheme;
7. (h) the construction and alteration of streets and back lanes, bridges, causeways and culverts;
   • (i) the draining, water-supply and lighting of streets so : constructed or altered;
8. (j) the provision of open spaces for the benefit of any area ' comprised in the scheme or any adjoining area, and for the enlarge ment of existing open spaces and approaches;
9. (k) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation of and prevention of jury or contamination to rivers or other sources and means of water-supply;

1. (1) the provision of accommodation for any class of the inhabitants;
   • (m) the advance of money for the purposes of the scheme;
   • (n) the provision of facilities for communication;
2. (0) the reclamation or reservation of land for market, gardens, afforestation, the provision of fuel and grass-supply and other needs of the population;
   • (p) any other matter for which, in the opinion of the Government, it is expedient to make provision with a view to the improvement of any area comprised in the scheme or of any adjoining area or the general efficiency of the scheme.

An improvement scheme shall be of one of the following types, or a combination of any two or more of such types, or of any special features thereof, that is to say—

1. (a) a general improvement scheme including slum clearance;
2. (b) a re-building scheme; (¢) a re-housing scheme;
3. (d) a streét scheme; (€) a deferred street scheme;
4. (f) a development scheme

1. (8) a housing accommodation scheme; and
   • (h) a town.expansion scheme. . . |

on account of the execution of any improvement scheme under section | 34, any kudikidappukaran is displaced and rendered homeless, the Board shall provide such kudikidappukaran an alternate site for the location of the Kudikidappu.

1. (2) Where any such kudikidappukaran is displaced and rendered homeless on account of the acquisition of any land under the provisions ! of the Land Acquisition Act (Travancore Act XI of 1089), the Board | . shall, from out of the amount of compensation payable in respect of such land, deduct an amount not exceeding the sum which, under any law for the time being in force, the kudikidappukaran would be entitled to towards his share of compensation, and adjust such amount towards the cost of the alternate site provided for under sub-section (1). Explanation: —The term “Kudikidappukaran” shall have the same meaning as has been assigned to it under the law for the time being in force providing for the protection of the 1ights of such persons.

Whenever it appears to the Board—

1. (a) that, in any area, any buildings used or intended or likely to be used as dwelling-places are unfit for human habitation, or
2. (b) that danger to the health of the inhabitants of buildings in any area, or of buildings in the neighbourhood of such area is caused by—
   • (i) the narrowness, closeness, or bad arrangement or condition of streets or buildings or groups of buildings in such area, or
   • (ii) the want of light, air, ventilation or proper conveniences in such area, or
   • (iii) any other sanitary defectsin such area, the Board may pass a resolution to the effect that such area is an insanitary area, and that a general improvement scheme ought to be framed in respect of such area, and shall then proceed to frame such a scheme. .

1. (1) Whenever it appeas to the Board that any area isan nsanitary area within the meaning of the preceding section and that, having regard to the comparative value of the buildings in such area and of the sites on which they are erected, the - most satisfactory method of dealing with the arca or any part thereof is a re-building scheme, the Board may pass a resolution to that effect, and shall then proceed to frame a scheme in accordance with the provisions of this section.
2. (2) A re-building scheme may provide for—
   • (a) the reservation of streets, lanes and open spaces and the enlargment of existing streets, lanes and open spaces to such an extent as may be necessary for the purposes of the scheme;
   • (b) the re-laying out of the sites of the arca upon streets, lanes or open spaces so reserved or enlarged;
   • (c) the payment of compensation in respect of any such reservation or enlargement, and the construction of the streets, lanes and open spaces,so reserved or enlarged;
   • (d) the re-construction, alteration or demolition of the existing buildings and their appurtenances by the owners, or by the Board in default of the owners, and the erection of buildings in accordance with the scheme by the said owners or by the Board in default of the owners, upon the sites as defined under the scheme; . . i - (¢) the advance to the owners, upon such terms and conditions as to interest, sinking fund and otherwise as may be provided under the scheme, of such sums as may be necessary to assist them to reconstruct or alter existings building or to erect new buildings in accordance with ” the scheme;
   • (F) the acquisition by the Board of any site or building comprised in the area included in the scheme.

The Board may frame schemes (herein called re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as it may consider necessary | for persons who—

1. (a) are displaced by the execution of any improvement scheme sanctioned under this Act, or
2. (b) are likely to be displaced by the execution of any improve- i ment scheme which it is intended to frame, or to submit to the | Government for sanction, under this Act. | 39. Street scheme—(1) Whenever the Board is of opinion that, for the purpose of— '
3. (a) providing building sites, or | | (b) remedying defective ventilation, or I
4. (c) creating new or improving existing means of communication | and facilities for traffic, or |
5. (d) affording better facilities for conservancy, | it is expedient to lay out new streets or alter existing streets (including ) bridges, causeways and culverts) in any area, the Board may pass a | resolution to that effect, and shall then proceed to frame a street scheme i — for such area.

1. (2) A street scheme may, within the limits of the area comprised i in the scheme, provide for the following matters, namely: — i
   • (a) the acquistion of any land which will, in the opinion of the j Board, be necessary for its execution; |
   • (b) the relaying out of all or any of the lands so acquired | including the construction and reconstruction of buildings by the Board : or by persons authorized by the Board in that behalf and the laying out, construction and alteration of streets and thoroughfares;
   • (c) the draining, water-supply and lighting of streets and thoroughfares so laid out, constructed or altered; I
   • (d) the raising, lowering or reclamation of any land vested in, or | to be acquired by, the Board for the purposes of the scheme ; |
   • (e) the provision of open spaces for the better ventilation of the : area comprised in the scheme ; , (£) the acquisition of any land adjoining any street, thoroughfare | or open space to be formed under the scheme. . \ a. ~

1. (1) Whenever the Board is of opinion that it is expedient for any of the purposes mentioned in section 39 to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignments to be prescribed by the Board, but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the Board, if satisfied as to the sufficiency of its resources, may pass a resolution to that effect, and shall proceed to make a scheme to be called a “deferred street scheme” prescribing an alignment on each side of the street.
2. (2) A deferred street scheme shall provide for— :
   • (a) the acquisition of the whole or any part of any property lying within the prescribed street alignments within the time-limit specified in the scheme, which may be extended by the Government : Provided that such time-limit including the extensions granted by the Government shallin no case exceed twenty ycars from the date of the sanction of the scheme by the Government ;
   • (b) the re-laying out of all or any such property, including the construction and reconstruction of buildings by the Hoard or by any other person, and the formation and alteration of the sticet ;
   • (c) the draining, water-supply and lighting of the streets so formed or altered.
3. (3) After a deferred street scheme has been sanctioned by the Government— .
   • (a) no person shall, except with the written permission of the Board, erect, re-erect, add to or alter any building or wall so as to make the same project into the prescribed alignment of the street ;
   • (b) if the Board fails to acquire or to institute proceedings for the acquisition of any property within the prescribed alignment of any street, within the time-limit specified in the scheme or extended by the Government, the owner of such property may, at any time thereafter, give the Board notice requiring 1t to acquire or to institute proceedings: for the acquisition of such property before the expiration of six months from the date of such notice, and thereupon the Board shall acquire, or institute such proceedings and acquire the property accordingly ; and if the Board fails todo so itshall pay reasonable compensation to the owner for any damage sustained by him in consequence: of such failure;
   • (c) before proceeding to acquire any property lying within the prescribed alignment of the'street [other than property regarding which 1t has received a notice under clause (b)], the Board shall give six months’ notice to the owner of its intention to acquire such property ;
   • (d) notwithstanding anything contained in the 'I'rivandrum City Municipal Act, the Corporation shall not have power to prescribe any alignment of the street within the Limits of the scheme, and any such, alignment previously prescribed within such limits shall cease to be the alignment of the street. : 34/4095 . yd BN BN B 1 | i I 26 |

Act applies, the Board may, from time to time, prepare a scheme of i proposed public streets with plans showing the direction of such streets, the street alignment and building line on each side of them, their in« tended width and such other details as may appear desirable.

1. (2) When any such scheme has been notified under section 53, the street to which it refers shall be deemed to be a projected public street.
2. (3) No person shall, without the permission of the Board, erect, re erect, add to, or alter any building or wall so as to make the same project into the street alignment or beyond the building line shown in any plan so adopted.
3. (4) If the Board refuses to grant permission to any person to erect on his land any building or wall to project as aforesaid and if it does not proceed to acquire such land within one year from the date of such refusal, the Board shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal. | (5) When any building or wall projecting into or beyond, or i adjacent, to the street alignment or building line shown in any plan | adopted as aforesaid has fallen, or been demolished or burnt down, the | Chairman may, by written notice, require or permit the same to be set i back, or set forward, as the case may be, from or towards such street 1 alignment or building line. |
4. (6) When any building or wall is set back or set forward in pur | suance of a requisition made under sub-section (5), the Board shall | take full compensation to the owner of the building or wall for any damage that he may sustain thereby. |
5. (7) If the requisition or permission under sub-section (5) to set forward any building or wall involves the inclusion within the premises | of the owner of the building or wall, of any land belonging to the : Board, the requisition or permission shall operate as a conveyance of ; such land to the said owner onthe terms and conditions specified therin, |
6. (8) If the owner is dissatisfied with any of the terms and condi- tions aforesaid, he may, within thirty days after the communication to | him of such terms and conditions, apply to the Chairman in writing for | a reference of his case to the Tribunal. On receipt of such applica- tion, the Chairman shall refer the case to the Tribunal and jts decision | shall be final,
7. (9) When any scheme under this section is sanctioned by the Government, notwithstanding anything contained in the Trivandrum City Municipal Act, the Corporation shall not have power to prescribe , the alignment of any street within the limits of the scheme, and any | alignment previously prescribed within such limits shall cease to be the ’ alignment of the street. .

Whenever the Board is of opinion | that it is expedient and for the public advantage to provide housing 1 accommodation for any class of persons in any area, the Board may ! frame a scheme, to be called a “housing accommodation scheme”, | |

’ ~N

1. (1) Whenever the Board is of opinion th at it is"expedient and for the public advantage to control and. pro- vide for the future expansion or development of the City, the Board may frame a scheme to be called a “town expansion scheme”.
2. (2) Such scheme shall ordinarily be framed in respect of an area wholly without the limits of the City, but may, in special circumstances and with the previous sanction of the Government, be framed in respect of an area which lies wholly within, or partly within and partly withe out the City: Provided that the Government shall, before giving their sanction to any such scheme, :atisfy themselves that a development scheme under section 41 in respect of the area would not be suitable.
3. (3) Such scheme shall specify the proposed lay-out of the area to be developed and the purposes for which particular portions thereof are to be utilized.
4. (4) The provisions of clause (2) of sub-section (2) of section 51 shall not apply to a town cxpansion scheme under this section, but the Board shall be required to supply to the Government such details as they may consider necessary.
5. (5) After any such scheme has been notified under section 53, no person shall, without the permission of the Board, erect, re-erect, add. to or alter any building or wall within the arca comprised in the scheme,
6. (6) If the Board refuses to grant permission to any person to erect, re-erect, add to, or alter any building or wall on his land in the area aforesaid and does not proceed to acquire such land within one year from the date of such refusal, the Board shall pay reasonable com- pensation to such person for any damage sustained by him in conse. quence of such refusal.
7. (7) Nothing contained in this section shall be deemed to authorize the framing of a town expansion scheme in respect of any area without the limits of the City unless the provisions of this section have been applied to such area in pursuance of section I, sub-section (2). . Procedure to be followed in framing an improvement scheme

framed by the Board on its own motion, or on an official representation by the Corporation.

a The official representation referred to in sub-section (1) may

be made by the Corporation—

1. (a) on its own motion, or
2. (b) on a written application by its Commissioner, or . pe ! ~~ . |
   • • ! 28 | I
3. (c) in respect of any area comprised in any division of the \ City, on a written application signed by twenty-five or more residents i of such division who are liable to pay property tax under the Trivan- i drum City Municipal Act. | |

1. (3) If the Corporation decides not to make an official represen- { tation on any application made to it under clause (b) or clause (c) of | sub-section (2), it shall cause a copy of such application to be sent to the Board with a statement of the reasons for its decision.

1. (1) The Board shall consider every official representation made under section 44 and, if satisfied as to the necessity for an improvement scheme on the lines recommended | therein and as to the sufficiency of its resources for executing such a | scheme, shall decide whether the scheme should be framed forthwith ’ or not, and shall intimate its decision to the Corporation. !
2. (2) If the Board decides that 1t is not necessary or expedient | either to frame an improvement scheme or to frame the scheme forth- t | with, it shall inform the Corporation of the reasons for its decision.
3. (3) If the Board fails, for a period of twelve months after the | receipt of any official representation made under section 44, to intimate H its decision thereon to the Corporation, or if the Board intimates to the ) Corporation 1ts decision that it is not necessary or expedient to frame | an improvement scheme forthwith or decides to fiame a scheme ofa | type other than that recommended by the Corporation, the Corporation i may, if it thinks fit, refer the matter to the Government. |
4. (4) The Government shall consider every reference made to them under sub-section (3), and—
   • (a) if they consider that the Board ought, in fall the circum. stances, to have passed a decision within the period mentioned in sub- , section (3), shall direct the Board to pass a decision withm such further | period as the Government may think reasonable, or '
   • (b) if they consider that it is, in all the circumstances, expedient that a scheme should forthwith be framed, shall direct the Board to A proceed forthwith to frame a scheme. Such a direction may prescribe | _ the type of scheme to be framed. |
5. (5) The Board shall comply with every direction given by the i ~ Government under sub-section (4).

When framing an improvement scheme in respect of any area, regard shall be had to— . {a) the nature and the conditions of neighbouring areas and | of the City as a whole ; |

1. (b) the direction in which the expansion of the City appears | Likely to take place ; and |
2. (c) thé likelihood of improvement schemes being required for | other parts of the City. |

schemes, and supply of documents to applcants.—(1) When any improve- ment scheme has been framed, the Board shall prepare a notice stating that fact and specify—

1. (a) the boundaries of the area comprised in the scheme, and
2. (b) the places (including at least one place in the area com- prised mn the scheme) at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and of the land in regard to which it 1s proposed to recover a betterment fee, may be seen at reasonable hours.

1. (2) The Board shall—
   • (a) cause the said notice to be published weekly for three con- | secutive weeks in the Gazette and in local newspapers specifying the i period within which objections will be recewved, and |
   • (b) send a copy of the notice to the Commissioner of the Cor- ; poration.
2. (3) The Chairman shall cause copies of all documents referred to in clause (b) of sub-section (1} to be delivered to any applicant on pay- ment of the fee prescribed by the Board.

The Commussioner of the Corporation to whom a copy of a notice has been sent under clause (b) of sub-section @ of section 47 shall, within a period of ninety days from the receipt of the said copy, forward to the Board any representation which the Corporation may think fit to make with regard to the scheme.

49, Notice of proposed acquisition of land.—(1) Within the thirty days following the day on which any notice is first published under section 47 in respect of any improvement scheme, the Board shall serve a notice on—

1. (a) every person whose name appears in the assessment list of . the Corporation or the municipality or the panchayat concerned as ! being primarily liable to pay property tax on any bulling or land which 1t 1s proposed to acquire in executing the scheme, or in regard to which the Board proposes to recover a betterment fee, and
2. (b) the occupier (who need not be named) of cach premises entered in the assessment list of the Corporation or the municipality or panchayat concerned which the Board proposes to acquire in executing the scheme.

1. (2) A copy of the notice shall also be affixed in each such premises.
2. (3) Such notice shall—
   • (a) state that the Board proposes to acquire such land or to ’ recover such betterment fee for the purpose of carrying out an improve. ment scheme, and
   • (b) require such person, if he objects to such acquisition or to the recovery of such betterment fee, to state his reasons in writing withe in a period of sixty days from the service of the notice.
3. (4) Every such notice shall be signed by the Chairman or by a person authorized by him in that behalf. : Q . . . BN < | i 80 - :

The Commussioner of the Corporation or the executive authority of any municipality or panchayat in which the area was previously | included shall furnish the Chairman, at his request, with a copy of, or I extracts from, the assessment list of the Corporation or of the municie ! pality or panchayat, asthe case may be, on payment of such fees as may be prescribed by the Government in that behalf. ! 51. Abandonment of improvement scheme, or application to Government t0 : sanction it.—(1) After considering the objections and representations, if any, received in pursuance of sub-section (2) of section 47, section 48 and clause (b) of sub-section (3) of section 49, and after hearing all . persons making any such objection or representation who may desire to be heard, the Board may either abandon the scheme or apply to the X Government for sanction to the scheme, with such fmodifications, if ! any, as the Board may consider necessary. [ (2) Every application for sanction under sub-section (1) shall be accompanied by—

1. (a) a description of, and full particulars relating to, the scheme and complete plans and estimates of the cost of executing the scheme ;
2. (b) a statement of the reasons for any modifications made in | the scheme as originally framed; |
3. (c) astatement of the objections, if any, received under section 47;
4. (d) any representation received under “section 48; !
5. (e) a list of the names of all persons, if any, fwho have objected under clause (b) of sub-section (3) of section 49, to the proposed acquisition of their land or to the fproposed recovery of a betterment | fee and a statement of the reasons given for such objection; |
6. (f) astatement of the arrangements, if any, made or proposed by the Board for the re-housing of persons who are likely to be displaced by the execution of the scheme; and R
7. (g) such other particulars as may be prescribed by the Govern- | ment, |

1. (3) When any application has been submitted to the Government | under sub-section (1), the Board shall cause notice of the fact to be | published weekly for two consecutive weeks in the Gazette and in local ' newspapers. |

ernment to sanction it.

1. (1) The ' Government may sanction, either with or without modification, or may refuse to sanction, or may return for reconsideration, any improvement . scheme submitted to them under section 51.
2. (2) Ifa scheme returned for reconsideration under sub-section 1) | is modified by the Board, it shall be republished in accordance with : section 47— |
   • (a) in every case in which the modification affects the bounda- . ries of the area comprised in the scheme, or involves the acquisition of i any land not previously proposed to be acquired, and
   • (b) incvery other case, unless the modification is, in the opinion of the Government, not of sufficient importance to require republication. ~ \ . ~

1. (1) Whenever the Government sanction an improvement scheme, they shall announce the fact by notification and except in the case of a deferred street scheme, development scheme or town expansion scheme, the Board shall forth~ with proceed to execute the same.
2. (2) The publication of a fnotification under sub-section (1) in respect of any scheme shall be conclusive ‘evidence that the scheme has been duly framed and “sanctioned.

At any time after ’ an improvement scheme has been sanctioned by the Goveinment and before it has been carried into execution, the Board may alter or cancel it:

Provided that—

1. (a) if any alteration is considered likely to jincrease the estimat- ed net cost of executing a scheme by more than five per cent or by more than Rs. 50,000, such alteration shall not be made without the previous sanction of the Government;
2. (b) if any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been sanction- ed by the Government, the procedure prescribed in the foregoing sections of this Chapter shall, so far as it may be applicable, he follow- ed as if the alteration were a separate scheme;
3. (c) if, owing to any alteration, any land not previously liable under the scheme to the payment of a betterment fee becomes liable to such payment, the procedure prescribed in sections 47, 49 and 51 shall, so far as it may be applicable, be followed in regard to such land: Provided further that no scheme shall be cancelled under this section without the previous sanction of the Government.

The Board may, at any time, include in a combined scheme the improvement schemes framed or proposed to be framed for two or more areas.

or altered by the Board shall be less than forty feet wide, if it is intend- ed for carriage tiaffic, or less than twenty feet wide, if it is intended for pedestrian traffic only:

Provided that—

1. (i) the width of an existing street need not be increased to the minimum required by this sub-section if, in the opinion of the Board, such increase is impracticable;
2. (ii) nothing in this sub-section shall apply to service passages for sanitary purposes.

1. (2) In every street laid out or altered by the Board, the Board shall make provision for the levelling, paving, metalling, flagging, channelling, sewering and draining of the street, and the provision therein of lighting, water and other sanitary conveniences ordinarily provided in a municipality. Z

land vested in the Corporation or in a ymunicpality or in a Panchayat.—(1) Whenever any building, or any street, square, or other land, or any part thereof, which—

1. (a) is situated in the City of Trivandrum and is vested in the Corporation, or i
2. (b) is situated in any part of a municipality constituted under . the Travancore District Municipalities Act, 1116, in which this section is for the time being in force, and is vested in that municipality, or
3. (c) is situated in any area included within the jurisdiction of a panchayat constituted under the Travancore-Cochin Panchayats Act, . 1950, in which this section 1s for the time being in force, and is vested in that panchayat, is within the area of any improvement scheme and is required for the purposes of such scheme, the Board shall give notice accordingly to the Commissioner of the Corporation or the executive authority of such municipality or panchayat, as the case may be, and such buildings, street, square, other land or part thereof shall thereupon vest in the Board. ! (2) Where any land situated in the City vests in the Board under the provisions of sub-section (1) and the Board makes a declaration that such land will be retained by the Board only until it revests in the Cor- poration as part of a street or an open space under section 67, no com- pensation shall be payable by the Board to the Corporation in respect of that land.

1. (3) Where any land or building vests in the Board under sub- section (1) and no declaration is made under sub-section (2) in respect of the land, the Board shall pay to the Corporation, the municipality, or the panchayat, as the case may be, as compensation a sum equal ‘ to the market value of such land or building as on the date of the publication of the notification under section 53 ; and where any build- ing situated on land in respect of which a declaration has been made by the Board under sub-section (2) is vested in the Board under sub- section (1), hke compesnation shall be payable in respect of such build- | ing by the Board. i
2. (4) if, in any case where the Board has made a declaration in respect of any land under sub-section (2), the Board retains or disposes of the land contrary to the terms of the declaration, so that the land does not revest in the Corporation, the Board shall pay to the Cor- poration compensation in respect of such land in accordance with the provisions of sub-section (3).
3. (5) If any question or dispute arises—
   • (a) as to whether compensation is payable under sub-section (3) or sub-section (4), or
   • (b) as to the amount of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or
   • (c) as to whether any building or strect, or square or other land, or any part theieof, is required for the purposes of tlie scheme, purp > the matter shall be referred to the Government whose decision shall be final. .

(1) Whenever any street or square or part thei cof which is not vested in the Board or in the Corporation or in any iunicipality or in any panchayat 1s required for executing any improvement scheme, the Board shall cause to be affixed m a conspicuous place in or near . such street, square or part, a notice signed by the Chairman, and—

_ (a) stating the purpose for which the sticct, square or part is required ; and

1. (b) declaring that the Board will, on or afte: a date to be speci- fied in the notice, take over charge of such street, square a part from the owner thereof ; and shall simultancously send a copy of such notice to the owner of such strect, square or part.

1. (2) After considermg the objections (if any) icceived in writing before the date specified under clause (b) of sub-section (1), the Board may take over charge of such street, square or part, and tle same shall thereupon vest in the Board.
2. (3) When the Board alters or closes any strect or squire or part thereof which has vested in 1t under sub-section (2), it shall pay reason- able compensation to the previous owner for the loss of his right therein.
3. (4) If the alteration or closing of any such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto or to residents m the neighbourhood, the Board—
4. (1) shall forthwith provide some other teasonable means of access for the use of persons who were entitled to use such street, square or part as a means of access to any property or place, and
5. (11) if the provision of such means of access docs not sufficiently compensate any such owner or resident for such damage oi inconven- ience, shall also pay him reasonable compensation in money.

vested in Board under section 57 or section 58—(1) Wherein any building, or street, square or other land, or part thereof, referred to in section 57 or section 58, there is any municipal or panchayat drain, water-work, clectric main or installation, such drain, watec-woik, electric main or installation shall not vest in the Board until the Board has provided, if such provision is necessary, another drain, water-work, electric main or installation to the satisfaction of the Corporation 01 the municipality or panchayat concerned, as the case may be.

1. (2) Ifany question or dispute arises as to whether another drain, water-work, electric man or installation is necessary, or as to the sufficiency of any drain, water-work, clectric mam or installation pro- vided by the Board under sub-section (1), such question or dispute shall be referred to the Government, whose decision thereon shall be final: oo : . . 34/4095 tT . [8

(1) Section 206, clause (c) of sub-section (1) of sec- tion 207 and section 208 of the Trivandrum City Municipal Act shall not apply to any street which is vested in the Board.

1. (2) Sections 216, 227 and 228 of the said Act shall not apply when any drain or premises vested in the Corporation is opened or broken up by the Board or when any public street is under construction by the

Whenever the Board allows any street vested in it to be used for public traffic, it shall—

1. (a) keep the street in good repair, as far as practicable, and do a}l things necessary for the safety and convenience of persons using it, and

Guarding and lighting when street vested in Board is opened or broken up, or when street is under construction, and speedy completion of work.—When~ ever any drain in, or the pavement or surface of any street vested in the Board is opened or broken up by the Board for the purpose of carrying on any work, or whenever the Board allows any stréet which it bas under construction to be used for public traffic, the Board shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shoring up and protecting adjoining buildings ; and shall, with all convenient speed, complete the said work, fill in the ground, and repair the said drain, pavement or surface, and carry away the . rubbish occasioned thereby or complete the construction of the said street, as the case may be.

. gress of work.—(1) When any work referred to in section 62 1s being executed by the Board in any public street vested in it, or when any other work which may lawfully be done 1s being executed by the Board in any street vested in it, the Board may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally, or to traffic of any specified description.

1. (2) When any such direction has been given, the Board shall, after notifying in local newspapers its intention to do so, set up in a conspicuous position in or near the street an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the | street as it may think proper for preventing or restricting traffic therein, |

excouted by Board in public street vested in it.—(1) When any work is being , executed by the Board in any public street vested in it, the Board shall, ) so far as may reasonably be practicable, make adequate provision for—

1. (a) the passage or diversion of traffic ;
2. (b) securing access to all premises approached from such street ; and (¢) any drainage, watersupply or means of lighting which is interrupted by reason of the execution of the work. Ea J

1. (8) The Board shall pay reasonable compensation to any person sustains special damage by reason of the execution of any such work.

1. (1) The Board may—
   • (a) turn, divert, discontinue the public usc of, or permanently close, any public street vested in it, or any part thereof, or
   • (b) discontinue the public use of, or permanently close, any public square vested in it, or any part thereof.
2. (2) Whenever the Board discontinues the public use of, or perma- nently "closes, any public street vested in it, or any part thereof, it shall pay reasonable compensation to every person who was entitle, other- wise than as a mere member of the public, to use such stieet or part as a means of access and has suffered damage from such discontinuance or closing, N
3. (3) Whenever the Board discontinues the public use of, or perma- nently closes, any public square vested in 1t, or any part thereof. it shall pay reasonable compensation to every person—
   • (a) who was entitled, otherwise than as a mere member of the’ public, to use such square or part as a means of access, 01
   • (b) whose immovable property was ventilated by such square or part, and who has suffered damage—
     • (i) in case (a), from such discontinuance or closing, or
     • (ii) in case (b), from the use to which the Board has put such square or part.
4. (4) In determining the compensation payable to any person under . sub-section (2) or sub-section (3), the Board shall make nllowance for any benefit accruing to him from the construction, provision or im- provement of any other public street or square at or about the same time that the public street or square or part thereof, on account of which the compensation is paid, is discontinued, or closed. .
5. (5) When any public street or square vested in the Board or any part thereof, is permanently closed under sub-section (1), the Board may sell, or lease so much of the same as is no longer required.

1. (1) If any question or dispute arises—
   • (a) between the Board and the previous owner of any street or square or part thereof which has vested in the Board under section 58 and has been altered or closed by 1t, as to the sufficiency of the com- pensation paid or proposed to be paid under sub-section (3) of that section or
2. (6) between the Board and any person who was entitled, other- wise than as a mere member of the “public, to use as a ineans of access any street or square or part thereof which has vested in th Board under section 58— . % ' (i) as to whether the alteration or closing of such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, or , (i1) as to whether the other means of access provided or pro- posed to be provided under sub-section (4) of the said section 58 are reasonably sufficient, or
   • (ihr) as to the sufficiency of any compensation paid or proposed to be paid under the said sub-section (4), or
   • (c) between the Board and any person, as to the sufficiency of any compensation paid or proposed to be paid to him under section 37, 40, 41, 43, 64, 65 or 157, the matter shall be determined by the Tribunal if referred to it either by the Board or by the claimant, within a period of three months from— in case (a) or case (b)—the date on which the street or square or part thereof was altered or closed by the Board, and ~~ 1n case (c)—the date on which the said person was mformed of the decision of the Board fixing the amount of compensation to be paid to him or rejecting his claim to compensation; and the determination of the Tribunal shall be final.
3. (2) If a reference to the Tribunal be not made within the period prescribed by sub-section (1), the decision of the Board shall be final,
4. (3) For the purpose of determining any matter referred to it under sub-section (1), the Tribunal shall have all the powers with regard to witnesses, documents and costs which it would have if the

Vesting in_Corporation of streets lard out or altered , and open space provided, by the Board under an improvement scheme.—(1) Whenever the Corporation is satisfied—

1. (a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided mn the plans sanctioned by the Govern- ment under section 52, and b) that such lamps, lamp-posts and other apparatus as the Cor- poration considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided, and (¢) that water and other sanitary conveniences ordinarily pro- vided in the City have been duly provided in such street, the Corpora- tion shall, after informing the Board of its intention to do so by written | notice affixed in some conspicuous position in such street, declare the 1 street to be a public street; and the street shall thereupon vest in the Corporation, and shall thenceforth be maintained, kept in repair, lighted and cleansed by the Corporation. 1

1. (2) When any open space for purposes of ventilation or recreation i has been provided by the Board mn executing any improvement scheme, | it shall, on completion, be transferred to the Corporation by resolution , of the Board, and shall thereupon vest in, and be maintained at the i expense of, the Corporation: M | ~ Provided that the Corporation may require the Board, before any such open space is so transferred, to enclose, level, turf, dram and lay out such space and provide footpaths therein, and, if necessary, to pro- vide lamps and other apparatus for lighting it.
2. (3) Ifany difference of opinion arises between the Board and the Corporation in respect of any matter referred to in the foregoing provi- sions of this section,the matter shall be referred to the Government whose decision shall be final.

If section 67 be applied, by notification under sub-section (2) of section 1, to any municipality or panchayat in the neighbourhood of the City, it shall be construed as if the references therein to the Corporation were references to such municipality or panchayat.

~Notwithstanding any- thing contained in section 67 or section 68, the Board may retain any service passage which it has laid out for sanitary purposes, and may enter into an agreement with the Corporation or any other person for the supervision, repair, lighting and general management of any passage so retained.