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[Cites 0, Cited by 0] [Section 62] [Entire Act]

Bengal Presidency - Subsection

Section 62(11) in Calcutta Improvement Act, 1911

(11)If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls -
(i)within the street alignment, or
(ii)between the street alignment and the building line,
of a projected public street [or within a projected public park], the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Board, at any time, within three months from the date of such refusal either -
(a)to pay him compensation for any damage sustained by him in consequence of such refusal, or
(b)to acquire so much of his land as falls within the street alignment or between the street alignment and the building line [or within the area comprised in the projected public park], as the case may be;
and the Board shall thereupon -in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, andin case (b), forthwith take steps to acquire the said land:Provided that, in the case of such land as falls within the street alignment only, it shall be optional with the Board to acquire the same in lieu of paying compensation therefor.