Section 39 in Guwahati Metropolitan Development Authority Act, 1985
39. Publication of the Development Scheme.
- (i) As soon as may be, after the scheme under section 35 has been prepared, the Guwahati Metropolitan Development Authority, the officer of the Government or the local authority, a the case may be, shall publish the scheme in the official Gazette and in one or more local news paper specifying the place or places where copies of the same may be inspected, and inviting objections in writing from any persons or claimants as referred to in sub-section (3) of Section 35, with respect to the scheme within such period as may be specified in the notice, which shall not be less than two months from the date of publication of the notice, in the Official Gazette:Provided that where it is expedient to do so, for the proper carrying out of the scheme, as referred to in clause (m) of sub-section (2) of Section 36, the Guwahati Metropolitan Development Authority, the officer of the State Government or the local Authority as the case may be, simultaneously with the publication of the scheme, shall submit copies of the notice and of the scheme to the state Government drawing particular attention to the provision in the scheme referring to clause (m) of sub-section (2) of Section 36:Provided further that no such notice shall be required where land covered by the scheme has already been acquired and the execution of the scheme does not effect the interest of any person.(2)After the expiry of the aforesaid period, the Authority, the officer of the State Government or the Local Authority, as the case may be, shall examine the scheme in the light of such objection, giving sufficient opportunity for hearing to all such interested persons who have filed objections and demanded a hearing in the manner prescribed, and shall approve or refuse to approve with such modifications as it may deem necessary, for the implementation of scheme and for imposing for that purpose reasonable restrictions in the use of land and building within the area.(3)After the Authority, the officer of the State Government or the local authority, has adopted the scheme, it shall be forwarded to the State Government for its approval and sanction, if so required under any rule prescribed, otherwise the scheme will come into force from the date the scheme is adopted.
