Section 38 in The Goa Rehabilitation Board Act, 2006
38. Transfer to Board for purposes of rehabilitation scheme of building, or land vested in local authority.
(1)Whenever any building or land or any street or any part thereof, which is situated within the jurisdiction of a local authority and is vested in such local authority, is within the area of any rehabilitation scheme, the Board shall give notice accordingly to that local authority and such building, land, or any part thereof shall thereupon vest in the Board.(2)Where any land situated within the jurisdiction of a local authority vests in the Board under the provisions of sub-section (1), and the Board makes a declaration that such land will be retained by the Board only until it revert to the local authority as part of a street or any open space under section 40, no compensation shall be payable by the Board to the local authority in respect of that land.(3)Where any land or building vests in the Board under the provisions of sub-section (1) and no declaration is made under sub-section (2) in respect of the land, the Board shall pay to the local authority as compensation, a sum equal to the market value of such land or building as on the date on which the scheme comes into force under section 35, and where any building situated on the land in respect of which a declaration has been made by the Board under sub-section (2) is vested in the Board under sub-section (1), like compensation shall be payable in respect of such building by the Board.(4)If, in any case, where the Board has made a declaration in respect of any land under sub-section (2), the Board retains or disposes of the land contrary to the terms of declaration, so that the land does not revert to the local authority, the Board shall pay compensation to the local authority in respect of such land in accordance with the provisions of sub-section (3).(5)If any question or dispute arises as to whether compensation is payable under sub--section (3) or sub-section (4) or as to the amount of such compensation or as to whether any building, land or street, or any part thereof, is required for the purposes of the scheme, the matter shall be referred to the Government whose decision thereon shall be final:Provided that where the compensation payable is under dispute or under reference, the land shall continue to be in the possession of the Board if such possession was with the Board immediately prior to such dispute over the compensation.
