Chapter XIX Chapter XIX

Improvement scheme. Where the Commissioner upon information in his possession is satisfied as respects any area. (a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitant of the area ; and (b) that the most satisfactory method dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme ; he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.

(1) An improvement scheme may provide for all or any of the following matters, namely- (a) the acquisition by agreement or under the Land Acquisition Act, 1894, of any property necessary for or affected by the execution of the scheme; (b) the relaying out of any land comprised in the scheme ; (c) the redistribution of sites belonging to owners of property comprised in the scheme ; (d) the closure or demolition of buildings or portions of buildings unfit for human habitation ; (e) the demolition of obstructive buildings or portions thereof ; (f) the construction and re-construction of buildings ; (g) the construction and alteration of streets ; (h) the water-supply, street lighting, drainage and other conveniences ; (i) the provision of open spaces for the benefit of any area comprised in the scheme ; (j) the sanitary arrangements required for the area comprised in the scheme; (k) the provision of accommodation for any class of the inhabitants ; (l) the provision of facilities for communication ; (m) the sale, letting or exchange of any property comprised in the scheme ; (n) any other matter for which, in the opinion of the Commissioner it is expedient to make provision with a view to the improvement of the area to which the scheme relates. (2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the Government under sub-section (2) of Section 353, the land is not acquired by the Commissioner, the owner of the land may serve on the Commissioner, a notice requiring his interest in the land to be so acquired. (3) If the Commissioner fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Commissioner or were not required to be kept as an open space.

(1) Every improvement scheme shall as soon as may be after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with direction to the Commissioner to have a fresh scheme framed according to such directions. (2) No Improvement scheme approved by the Corporation under sub-section (1) shall be valid unless it has been sanctioned by the Government.

(1) After an improvement scheme is sanctioned by the Government, the Commissioner shall prepare a notice stating - (a) the fact that the scheme has been sanctioned; (b) the boundaries of the area comprised in the scheme; and (c) the place 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 may be seen. (2) The Commissioner shall cause the aforesaid notice to be published in the Official Gazette and also in the manner specified in Section 365.

The Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereinafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.

No improvement scheme or rehousing scheme framed under this Chapter after a development plan or the City or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan.