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State of Madhya Pradesh - Section

Section 15 in The M.P. Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998

15. Management of the colony.

(1)If the fact of transfer or agreement to transfer of plots made by the Colonizer in an area of illegal diversion or illegal colonization comes to the notice of the Competent Authority and if he considers it desirable to takeover the management of such land, he shall issue a notice and publish it [three times] [Inserted by Notification No. F-15-01-17-03-XVIII-3, dated 31-1-2003.] in atleast two daily local newspapers of which one must be of Hindi language and call upon all the persons interested in the said land to show cause within such period as may be specified therein, why the management of the said land should not be taken over by him.
(2)On the expiry of the period specified in the notice, the Competent Authority shall consider the objections or suggestions, it' any, received with reference to the notice or otherwise, and if considers necessary, require any such person who has raised any objection, to present himself or through authorised representative with all the relevant documents for oral hearing.
(3)[ After having published the notice under sub-rule (1), if the Colonizer or the plot holder within the time specified in the notice published do not turn up or the development fees is not deposited by them, the competent authority by forfeiting the concerned land/house shall take over its management :Provided that if he is satisfied that the land/house is not subject to illegal diversion or illegal colonization, he may drop the proceedings.] [[Substituted by Notification No. F-15-01-17-03-XVIII-3, dated 31-1-2003. Prior to substitution it read as under : -'(3) After hearing the parties, if present on the date fixed for hearing and after making any further inquiry in the matter, which he may think proper, the Competent Authority-
(a)may takeover the management of the land, if he finds any illegal diversion or illegal colonization thereon;
(b)may drop proceedings if he is satisfied that the land is not subject to illegal diversion or illegal colonization.']]
(4)In the discharge of his duty for management of land, the Competent Authority may confer upon one or more officers subordinate to him, such powers as he may think necessary for proper management, protection and preservation of the property and wherever necessary, for the collection of rents and profits, for any suit or prosecution or any other legal proceedings for management, protection and preservation of the property.
(5)[ If the competent authority has taken over the management of land under sub-rule (3), he shall draw up a scheme for the development of such land and its allotment in which the following points shall necessarily be included-
(a)the criterion for the allotment to such plot holders of the colony concerned who have deposited the development fees;
(b)criterion for sale of the remaining plots;
(c)time for the completion of the development work :
Explanation.-In the said scheme, the procedure of allotment shall have to be completely transparent.
(d)the scheme, as prepared above shall be published for the information of the general public by the competent authority in the manner as he may deem fit.]
(6)The expenses incurred by the Competent Authority on the management of the land shall be included in the development charges of the land and shall be recoverable on pro-rata or on any reasonable basis from persons to whom the plots have been allotted under the scheme.