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State of Maharashtra - Section

Section 33 in Nagpur Improvement Trust Act, 1936

33. Development scheme.

(1)In regard to any area to which this Act [extends] [Substituted for 'is extended' by Central Provinces and Berar Act, VII of 1944, section 6.] the Trust may, from time to time, prepare a scheme of proposed public streets with plans showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.
(2)When any such scheme has been notified under section 45 the street to which it refers shall be deemed to be a projected public street.
(3)If any person desires to erect, re-erect, add to or alter any building or wall so as to make the same project beyond the street alignment or building line shown in any plan so adopted, he shall apply to the Trust for permission to do so.
(4)If the Trust refuses to grant permission to any person to erect on his land any building or wall to project as aforesaid, and if it does not proceed to acquire such land within one year from the date of such refusal, it shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal.
(5)When any building, wall or part thereof projecting beyond or adjacent to the street alignment or building line shown in any plan adopted as aforesaid has fallen down, or been burnt down or taken down the Chairman may, by written notice, require or permit the same to be set back or forward, as the case may be, from or towards such street alignment or building line.
(6)When any building or wall is set back or forward in pursuance of a requisition made under sub-section (5), the Trust shall forthwith make full compensation to the owner of the building or wall for any damage that he may sustain thereby.
(7)If the additional land which will be included in the premises of any person required or permitted under sub-section (5), to set forward a building, wall or part thereof belongs to the Trust the requisition or permission of the Chairman to set forward the building shall be a sufficient conveyance to the said owner of the said land ; and the terms and conditions of the conveyance shall be set forth in the said requisition or permission.
(8)If, when the Chairman requires a building, wall or part thereof to be set forward, the owner thereof is dissatisfied with any of the terms or conditions of the conveyance, the Chairman shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Tribunal whose decision shall be final.
(9)Upon any scheme under this section being sanctioned by the [State] [Substituted for 'provincial' by A.O., 1950.] Government and notwithstanding anything contained in [the City of Nagpur Corporation Act, 1948] [Substituted by M.P. Act, XIV of 1952, section 19.] [ the Corporation or its Chief Executive Officer] [Substituted by M.P. Act, XIV of 1952, section 8.] shall not prescribe a regular line of the street within the limits of the scheme, and any such regular line previously prescribed within such limit shall cease to be the regular line of the street.