Section 4 in The Calcutta Metropolitan Planning Area (Use And Development Of Land) Control Act, 1965
4. [ Issue of directions in respect of a controlled area. - [Section 4 substituted by W.B. Act 37 of 1969.]
(1)After an area or part thereof is declared to be a controlled area under section 3, the State Government may publish in the Official Gazette a notice of its intention to issue in relation to such controlled area such regulatory or prohibitory directions, to be specified in the notice, as it may consider necessary regarding any one or more of the following matters, namely] :-(a)the use of land by allocation of areas for agricultural, residential, industrial, commercial or other purposes;(b)the division of any site into areas for erection of buildings;(c)the allotment or reservation of land for roads, gardens, recreation groundsÂ’ schools, markets and for other purposes of general public interest;(d)the development of any site into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;(e)the making or extending of any excavation;(f)the laying out of any access leading to any public road or channel; and(g)any other matter which may be necessary for the orderly development of such controlled area.(2)A notice under sub-section (1) shall specify -(a)a date, not being earlier than sixty days from the date of publication of the notice in the Official Gazette, within which any objections or suggestions with regard to the proposed directions may be submitted by any person or local authority likely to be affected by such directions to the State Government for its consideration, and(b)a date, not being earlier than fifteen days from the date specified under clause (a), for consideration of such objections or suggestions.(3)The contents of the notice referred to in sub-section (1) shall also be published in such manner as may be prescribed.(4)Such officer of the State Government not below the rank of a Deputy Secretary as may be authorised by the State Government in this behalf shall on the date specified in the notice under clause (b) of sub-section (2) or on such date or dates thereafter as may be fixed by him, after giving a reasonable opportunity of being heard to every person or local authority who may have submitted objections or suggestions in regard to the proposed directions on or before the date specified under clause (a) of subsection (2), consider the objections and suggestions and submit a report of his decisions thereon together with the objections and suggestions to the State Government within such time as may be fixed by the State Government from time to time.(5)On receipt of the report and the objections and suggestions under sub-section (4), the State Government may, after considering the same, by notification in the Official Gazette, -(a)withdraw the notice of its intention to issue directions under subsection (1), or(b)issue the directions without any modification or with such modifications as it may consider necessary :Provided that where any direction is issued under clause (c) of sub-section (1) for the allotment or reservation of any land for any of the purposes specified therein, such direction shall specify a period, not exceeding ten years from the date of the notification, for which such allotment or reservation of such land shall remain valid and such allotment or reservation shall, unless the directions are withdrawn or such land is acquired earlier under sub-section (6), stand cancelled on the expiry of the period so specified.(6)If on the application of the owner of a property the State Government is satisfied that in consequence of any direction issued regarding any of the matters specified in clause (a) or clause (c) or clause (g) of sub-section (1) the owner has been prevented from making reasonably beneficial use of property or part thereof in its existing state, the State Government shall -(a)exempt the property specifically from the direction; or(b)modify the direction in such manner as will enable the owner to make reasonably beneficial use of the property or part thereof in its existing state; or(c)acquire the property or part thereof under the Land Acquisition Act, 1894:Provided that -(a)in determining the amount of compensation to be awarded for property to be acquired in pursuance of this Act -(i)the date of notification under sub-section (5) issuing the direction shall be the date with respect to which the market value of the land under sub-section (1) of section 23 of the Land Acquisition Act, 1894, shall be determined.(ii)the additional sum of fifteen per centum on the market value as provided by sub-section (2) of section 23 of the Land Acquisition Act, 1894, shall not be payable; and(b)when the amount of compensation has been determined an interest at the rate of six per centum per annum shall be payable on such amount from the date of the notification under sub-section (5) till the date of its payment.
