Chapter VI Powers and Duties of the Trust where a Scheme has been sanctioned

Whenever any building, or any street, square or other land or any part thereof which is vested in the Municipal Board is required for executing any scheme, the Trust shall give notice accordingly to the Chairman of such Board, and such building, street, square, land or part shall thereupon vest in the Trust, subject, in the case of any building to the payment to the said Board of such sum as may be required to compensate it for actual loss resulting from the transfer thereof to the Trust.

1. (1) The State Government may by notification in the official Gazette and upon such terms and conditions as may be agreed upon between it and the Trust, place at the disposal of the Trust all or any improved and unimproved lands in the urban area for which the Trust has been constituted and which may be vested in the State (known and hereinafter referred to as Nazul lands) for the purposes of improvement in accordance with a scheme framed and sanctioned under this Act.
2. (2) No improvement of any Nazul land shall be undertaken or carried out except by, or under the control and supervision of the Trust after such land has been placed at the disposal of the Trust under sub-section (1).
3. (3) After any such Nazul land has been improved by, or under the control and supervision of, the Trust, it shall be dealt with by the Trust in accordance with the rules made and directions given by the State Government in this behalf.
4. (4) If any Nazul land placed at the disposal of the Trust under sub-section (1) is required at any time thereafter by the State Government the Trust shall, by notification in the official Gazette, replace it at the disposal of the State Government upon such terms and conditions as may be agreed upon between that Government and the Trust.

1. (1) Whenever any street or square or part thereof which is not vested in the Municipal Board's required for executing any scheme, the Trust shall cause to be affixed in a conspicuous place in or near such street, square or part, a notice signed by the Chairman-
   • (a) stating the purpose for which the street, square 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, square or part from the owner thereof: and shall simultaneously send a copy of such notice to the owner of such street, square or part.
2. (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, square or part from the owner thereof: and the same shall thereupon vest in the Trust.
3. (3) When the Trust alters or closes any street or square or part thereof which has vested in it under sub-section (2), it shall pay reasonable compensation to the previous owner for the loss of his rights therein.
4. (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 in the neighbourhood, the Trust-
   • (i) shall forthwith provide some other reasonable 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
   • (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. (1) When any building or any street, square or other land, or any part thereof, has vested in the Trust under section 42 or section 43 or section 44, no 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 Board in place of the former drain or water work.
2. (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. (1) The Trust may-
   • (a) turn, divert, discontinue the public use 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 Trust discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall pay reasonable compensation to every person who was entitled, otherwise than as mere licensee, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.
3. (3) Whenever the Trust discontinues the public use of, or permanently closes, any public square vested in it or any part thereof, it shall pay reasonable compensation to every person-
   • (a) who was entitled, otherwise than as a mere licensee, to use such square or part as a means of access, or
   • (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, and
     • (ii) in case (b), from the use to which the Trust 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 Trust shall make allowance for any benefit accruing to him from the construction, provision or improvement 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 Trust, or any part thereof, is permanently closed under sub-section (1), the Trust may sell or lease so much of the same as is no longer required.

1. (1) Such provisions of the Municipal law for the time being in force in any part of the State as may be prescribed in the case of each Trust, shall so far as may be consistent with the tenor of this Act, apply to the urban area for which the Trust is established under this Act and all references in the said provisions to the Municipal Board, Council or Corporation shall be construed as references to the Trust which, in respect of any such urban area may alone exercise and perform all or any of the powers and functions which under any of the said provisions might have been exercised and performed by the Municipal Board, Council or Corporation or by the Chairman or President or by any officer thereof: Provided that the Trust may delegate to the Chairman or to any officer of the Trust all or any of the powers conferred under this section.

The State Government may by notification in the official Gazette transfer to the Trust any of the duties, powers, functions and responsibilities of the Municipal Board and thereupon the Trust shall carry out, exercise, perform and discharge such duties, powers, functions and responsibilities.

The Trust may-

1. (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
2. (b) contribute towards the cost of any such survey made by any other local authority.

1. (1) Whenever the Municipal Board 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 scheme sanctioned by the State Government under this Act,
   • (b) that such lamps, lamp-posts and other apparatus for the lighting of such street as ought to be provided by the Trust have been so provided, and
   • (c) that water and other sanitary conveniences have been duly provided in each street, the Municipal Board, after obtaining the assent of the Trust, or failing such assent, the assent of the State Government under sub-section (3), shall, by a written notice affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall thereupon vest in the Municipal Board and shall thenceforth be maintained, kept in repair, lighted, and cleansed by the said Board.
2. (2) When any open space for purposes of ventilation or recreation has been provided by the Trust in executing any scheme, it shall, on completion, be transferred to the Municipal Board by resolution of the Trust and shall thereupon vest in, and be maintained at the expense of the said Board: Provided that the said Board may require the Trust, before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.
3. (3) If any difference of opinion arises between the Trust and the Municipal Board 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.