section 57
Transfer to Board for purposes of improvement scheme of building or
The Trivandrum City Improvement Trust Act, 1960Civil1960160 sections7 chapters
Chapter III IMPROVEMENT SCHEMES
Statutory text
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—
- (a) is situated in the City of Trivandrum and is vested in the Corporation, or i
- (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
- (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.
- (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
- (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).
- (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. .
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