Chapter V Chapter V

(1) Whenever any building, or any street or other land or any part thereof which is vested in the municipal committee is required for executing any scheme under this Act the trust shall give notice accordingly to the president of the municipal committee, and such building, street, land or part shall thereupon vest in the trust, subject to the payment to the municipal committee of such sum as may be required to compensate it for actual loss resulting from the transfer of any building to the trust. (2) If any question or dispute arises as to the sufficiency of the compensation paid or proposed to be paid under sub-section (1), the matter shall be referred to the State Government, whose decision shall be final.

Transfer of private street to trust for purposes for scheme. (1) Whenever any street, or part thereof, which is not vested in the municipal committee is required for executing any scheme under this Act, the trust shall cause to be affixed, in a conspicuous place in or near such street, or part, a notice signed by the chairman, - (a) stating the purpose for which the street or part is required, and (b) declaring that the trust will, on or after a date to be specified in the notice, such date being not less than thirty days after the date of the notice, take over charge of such street, or part, from the owner or owners thereof; and shall simultaneously send a copy of such notice to the owner or owners of such street, or part, or to the duly accredited agent of such owner or owners. (2) After considering and deciding all objections (if any) received in writing before the date so specified the trust may take over charge of such street, or part, from the owner or owners thereof and the same shall thereupon vest in the trust. (3) When the trust alters or closes any street or part thereof which has vested in it under sub-section (2), it shall pay such sum as may be required to compensate the previous owner or owners for actual loss resulting to him from such alteration or closure. (4) If the alteration or closing of any such street, or part, causes special damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, the trust - (i) shall forthwith provide some other reasonable means of access for the use of persons who were entitled as of right to use such street, or part, as a means of access to any property or place, and (ii) if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money.

(1) When any building or any street or other land, or any part thereof, has vested in the trust under section 45 or section 46, no municipal drain or water-work therein shall vest in the trust until another drain or water-work (as the case may be) if required, has been provided by the trust to the satisfaction of the municipal committee, in place of the former drain or work. (2) If any question or dispute arises as to whether another drain or water- work is required, or as to the sufficiency of any drain or water-work provided by the trust under sub-section (1) the matter shall be referred to the State Government, whose decision shall be final.

(1) The trust may- (a) lay out and make a new public street and construct tunnels and other works subsidiary to the same, and (b) widen, lengthen, extend, enlarge, raise the level of or otherwise improve any existing public street if vested in the trust, and (c) turn, divert, discontinue or close any public street so vested, and (d) provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoin any public street made, widened, lengthened, extended, enlarged, improved, or the level of which has been raised by the trust under clauses (a), (b) and (c) or by the State Government, and (e) subject to the provisions of any rule prescribing the conditions on which property vested in the trust may be transferred, lease, sell or otherwise dispose of any land used by the trust for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed and as to any other matter that it deems fit. (2) Whenever the trust discontinues the public use of, or permanently closes, any street vested in it, or any part thereof, it shall pay reasonable compensation to every person who had an easement or right of way or light and air over, upon or from such street or part, and who by such discontinuance or closure has suffered special damage. (3) In determining the compensation payable to any person under sub-section (2), the trust shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other street at or about the same time that the public street or part thereof, on account of which the compensation is paid, is discontinued or closed.

Power under the Municipal Act vested in the trust. (1) The provisions of sections 96, 98, 99, 100, 102, 103, 104, 113, 114, 114-A, 115, 116, 117, 118, 119, 120, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 170, 170-A, 170-B, 170-C, 170-D, 170-E, 170-F, 170-G, 171(1), (2), and (3); 172, 172-A, 173, 175, 176, 177, 178, 179, 180, 181, 182, 189(1) and (2), 191, 192, 193, 194, 195, 195-A, 196, 199, 200, 201, 202, 209, 210, 212, 213, 214, 221, 224, 225, 226, 227 and 230 of Municipal Act, shall, so far as may be consistent with the tenor of the Act, apply to all localities in respect of which a notice of framing of a scheme is published under sub- section (2) of section 36 during the period commencing with the date of first publication of the said notice till the said scheme is either abandoned under section 40 or sanction in respect whereof is refused under section 41 or the scheme, if sanctioned, remains in force and all reference in the said sections to the municipal committee or to the president or to any officer of the municipal committee, shall be construed as refering to the trust which, in respect of any such localities, may alone exercise and perform all or any of the powers and functions which under any of the said chapters and sections might have been exercised and performed by the municipal committee or by the president or by any officer of the municipal committee : (Proviso) Provided that the trust may delegate to the chairman, or to any officer of the trust all or any of the powers conferred by this section. (2) The trust may make bye-laws for any locality outside the limits of the municipality comprised in a scheme under this Act - (a) generally for carrying out the purposes of this Act, and (b) in particular and without prejudice to the generality of the aforesaid powers

Limitation of powers of trust under section 49. (1) The trust shall not take any action under sections 96, 97, 98, 99, 100, 101, 102, 132, 133, 134, 135, 136, 137, 138 or 139 of the Municipal Act without having previously consulted the municipal committee and obtained its consent, provided that if the said committee does not give consent, the matter in dispute shall forthwith be referred to the State Government whose decision shall be final. (2) If the municipal committee deems it necessary that action should be takne within the trust area under sections 96; 97; 98; 99, 100, 101, 102, 132, 133, 134, 135; 136, 137, 138, or 139 of the Municipal Act, it shall make an application to the trust requiring that such action be taken, and the trust shall thereupon comply with the application, or give its reasons in writing for rejecting it, provided that if the application be rejected, the matter shall forthwith be referred to the State Government whose decision shall be final.

In order to facilitate the movement of the population in and around any local area to which this Act is applied, the trust may from time to time -(a) subject to any conditions it may deem fit to impose -(i) guarantee the payment, from the funds at its disposal, of such sums as it may deem fit, by way of interest on capital expended on the construction, maintenance or working of means of locomotion, or (ii) make such payments as it may deem fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work any means of locomotion, or (b) either singly or in combination with any other persons construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto, or (c) construct or widen, strengthen or otherwise improve bridges : Provided that no guarantee or subsidy shall be made under clause (a), and no means of locomotion shall be constructed, maintained or worked under clause (b), without the previous sanction of the State Government.

Power to make surveys or contribute towards their cost. The trust may-(a) cause a survey of any land to be made whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Act, or (b) contribute towards the cost of any such survey made by any other local authority.

Power of entry. (1) The chairman or any person authorized by him or by the trust in writing may, with or without assistants or workmen, enter into or upon any land in order -(i) to make any inspection, survey, measurement, valuation or inquiry, (ii) to take levels, (iii) to dig or bore into sub-soil, (iv) to set out boundaries and intended lines of work; (v) to mark such levels, boundaries and lines by marks and cutting trenches, or (vi) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned hereunder or any scheme which the trust intends to frame hereunder : Provided as follows :-(a) Except when it is otherwise specially provided by a rule no such entry shall be made between sunset and sunrise. (b) Except when it is otherwise specially provided by a rule no building which is used as a human dwelling shall be so entered unless with the consent of the occupier or if there be no occupier, the owner thereof, without giving the said occupier or owner, as the case may be, at least twenty-four hours’ previous notice in writing of the intention to make such entry. (c) Even when any premises may otherwise be entered without notice, reasonable warning and facility to withdraw shall be given to any female, not appearing in public, according to the customs of the country. (d) Due regard shall always be paid so far as the exigencies of the occasion permit to the social and religious usages of the occupants of the premises entered. (2) Whenever any person enters into or upon any land in pursuance of sub-section (1), he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered he shall at once refer the dispute to the trust, whose decision shall be final. (3) It shall be lawful for any person authorised under sub-section (1) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier -(a) if the considers the opening thereof necessary for the purpose of such entry, inspection or search, and (b) if the occupier or owner, as the case may be, is absent, or being present refuses to open such door, gate or barrier.

Reference of disputes to tribunal. (1) If any question or dispute arises-(a) between the trust and the previous owner of any street or part thereof which has vested in the trust under section 46 and has been altered or closed by it, as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) of that section, or (b) between the trust and any person who was entitled as of right, to use as a means of access any street or part thereof, which has vested in the trust under the said section -(i) as to whether the alteration or closing of such street or part causes special damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, or (ii) as to whether the other means of access provided or proposed to be provided under sub-section (4) of the said section are reasonably sufficient, or (iii) as to the sufficiency of any compensation paid or proposed to be paid under the said sub-section (4), or (c) between the trust and any person as to the sufficiency of any compensation paid or proposed to be paid to him under sections 30, 31 or 102, the matter shall be determined by the tribunal, hereinafter defined, if referred to it either by the trust or by the claimant within a period of three months from the date on which the said person was informed of the decision of the trust fixing the

(1) Whenever the municipal committee is satisfied -(a) that any street laid out or altered by the trust has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the State Government under this Act, and(b) that such lamps, lamp-posts, and other apparatus as the municipal committee deem necessary for the lighting of such street and as ought to be provided by the trust have been so provided, and(c) that water and other sanitary conveniences ordinarily provided in a municipality have been duly provided in such street,the municipal committee after obtaining the assent of the trust, or failing such assent, the assent of the State Government under sub-section (3), shall by notice, affixed in some conspicuous position in such street declare the street to be a public street, and the street shall thereupon vest in, and shall thenceforth be maintained, kept in repair, lighted and cleansed by the municipal committee. (2) When any open space for purposes of ventilation or recreation has been provided by the trust in executing any scheme under this Act, it shall, on completion, be transferred to the municipal committee by resolution of the trust and shall thereupon vest in and shall thenceforth be maintained, kept in repair, lighted and cleansed by the municipal committee : Provided that the municipal committee may require the trust, before any such open space is so transferred, to enclose, level, turf, drain and lay out space and provide footpaths therein and, if necessary, to provide lamps and other apparatus for lighting it. (3) If any difference of opinion arises between the trust and the municipal committee in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final.

Abandonment of acquisition in consideration of special payment. (1) Wherever in any locality comprised in any scheme under this Act the State Government has sanctioned the acquisition of land which is subsequently discovered to be unnecessary for the execution of the scheme the owner of such land, or any person having an interest therein, may make an application to the trust requesting that the acquisition of such land be abandoned in consideration of the payment by him of a sum to be fixed by the trust in that behalf. Provided that no land shall be deemed to be unnecessary for the execution of the scheme, unless the State Government, after making such enquiry as it may deem fit, declares it to be so by a notification in the Official Gazette (2) The trust shall admit every such application if it -(a) reaches it before the time fixed by the Collector, under section 9 of the Land Acquisition Act, 1894, for making claims in reference to the land, and(b) is made by any person, who either owns the lands, is mortgagee thereof, or holds a lease thereof, with an unexpired period of seven years. (3) The trust may admit any such application presented by any other person having an interest in the land. (4) On the admission by the trust of any such application, it shall forthwith inform, the Collector and the Collector shall thereupon stay for a period of three months all further proceedings for the acquisition of the land, and the trust shall proceed to fix the sum in consideration of which the land may be abandoned. (5) Within the said period of three months, or, with the permission of the trust, at any time before the Collector has taken possession of the land under section 16 of the Land Acquisition Act, 1894, the person from whom the trust has agreed to accept the sum so fixed may, if the trust is satisfied that the security offered by him is sufficient, execute an agreement with the trust either -(i) to pay the said sum three years after the date of the agreement, or(ii) to leave the said sum outstanding as a charge on his interest in the land, subject to the payment of interest at a rate to be agreed upon by such person and the trust until the said sum has been paid in full and to make the first annual payment of such interest four years after the date of the agreement : Provided that the trust may, at any time before the Collector has taken possession of the land under section 16 of the Land Acquisition Act, 1894, accept immediate payment of the said sum instead of an agreement as aforesaid. (6) When any agreement has been executed in pursuance of sub-section (5) or when any payment has been accepted in pursuance of the proviso to that sub-section in respect of any land, proceedings for the acquisition of the land shall be deemed to be abandoned. (7) Every payment due from any person under any agreement executed under sub-section (5) shall be a charge on the interest of that person. (8) If any instalment of interest payable under an agreement executed in pursuance of clause (ii) of sub-section (5) be not paid on the due date, the sum fixed by the trust under sub-section (4) shall be payable on that date, in addition to the said instalment. (9) At any time after an agreement has been executed in pursuance of clause (ii) of sub-section (5), any person may pay in full the charge created thereby, with interest, at the agreed rate, up to the date of such payment. (10) When an agreement in respect of any land has been executed by any person in pursuance of sub-section (5), no suit with respect to such agreement shall be brought against the trust by any other person (except an heir, executor or administrator of the person first aforesaid) claiming to have an interest in the land. (11) When an agreement in respect of any land has been executed by any person in pursuance of sub-section (5), and any sum payable in pursuance of that sub-section is not duly paid, the same shall be recoverable by the trust (together with interest up to the date of realization at the agreed rate), from the said person or his successor in interest in such land in the manner provided by section 222 of the Municipal Act, and, if not so recovered the chairman may, after giving public notice of his intention to do so and not less than one month after the publication of such notice, sell the interest of the said person or successor in such land by public auction, and may deduct the said money and the expenses of the sale from the proceeds of the sale, and shall pay the balance (if any) to the defaulter.

If any land in respect of which an agreement has been executed, or a payment has been accepted, in pursuance of sub-section (5), of section 56, be subsequently required for any of the purposes of this Act, the agreement or payment shall not be deemed to prevent the acquisition of the land in pursuance of a fresh declaration published under section 6 of the Land Acquisition Act, 1894.

A tribunal shall be constituted as provided in section 60, for the purpose of performing the functions of the Court in reference to the acquisition of land for the trust, under the Land Acquisition Act, 1894.

For the purpose of acquiring land under the Land Acquisition Act, 1894, for the trust -(a) the tribunal shall (except for the purposes of section 54 of the said Act) be deemed to be the Court, and the president of the tribunal shall be deemed to be the Judge, under the said Act;(b) the said Act shall be subject to the further modifications indicated in the Schedule to this Act;(c) the president of the tribunal shall have power to summon and enforce the attendance of witnesses, and to compel the production of documents, by the same means and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 [5 of 1908]; and (d) the award of a tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894 [1 of 1894] and shall be final.

2[***] Section 62

(1) The president of the tribunal shall, from time to time, prepare a statement showing -(a) the number and grades of the clerks and other officers and servants who in his opinion should be maintained for carrying on the business of the tribunal.(b) the amount of the salary to be paid to each such clerk, officer and servant. (2) All statements prepared under sub-section (1) shall be subject to the previous sanction of the State Government. (3) Subject to any directions contained in any statement prepared under sub-section (1), and to rules made under section 73, the power of appointing, promoting and granting leave to clerks, officers and servants of the tribunal, and the power of reducing, suspending or dismissing them, shall vest in the president of the tribunal.

(1) The State Government may from time to time make rules, not repugnant to the Code of Civil Procedure, 1908, for the conduct of business by tribunals established under this Act. (2) All such rules shall be published by notification.

Award to tribunal how to be determined. (1) For the purpose of determining the award to be made by the tribunal under the Land Acquisition Act, 1894 - (a) if there is any disagreement as to the measurement of land, or to the amount of compensation or costs to be allowed, the opinion of the majority of the members of the tribunal shall prevail; (b) notwithstanding anything contained in the foregoing clause, the decision on all questions of law and title and procedure shall rest solely with the president of the tribunal, and such questions may be tried and decided by the president in the absence of assessors unless the president considers their presence necessary. (c) The President of the Tribunal may record evidence on any matter in the absence of assessors unless he considers their presence necessary (2) Every award of the tribunal, and every order made by the tribunal for the payment of money, shall be enforced by a Court of Small Causes, or if there be no such Court, by the Senior Sub-Judge within the local limits of whose jurisdiction it was made as if it were a decree of that Court.

Application of Act to acquisition by other local authorities. (1) Whenever a municipal committee or other local authority acquires land for the purposes of- (i) laying out new public streets in any locality whether previously built upon or not; or (ii) constructing new buildings and laying out of compounds attached thereto, abutting on such new public streets in any locality, whether previously built upon or not; or (iii) reclaiming unhealthy or insanitary localities - (a) the modifications of the Land Acquisition Act contained in the Schedule of this Act shall, so far as they are applicable, apply to every such acquisition; (b) the State Government may constitute a tribunal in accordance with section 60 and the provisions of sections 57 to 66 and of section 73 so far as they relate to the tribunal shall thereupon apply to such acquisition. (2) If the State Government does not constitute a tribunal in accordance with clause (b) of sub-section (1), all references to the tribunal in the Schedule shall be construed as referring to the Court.