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[Cites 0, Cited by 0] [Section 91] [Entire Act]

State of Haryana - Subsection

Section 91(4) in Haryana Urban Development Authority Act, 1977

(4)Notwithstanding anything contained in the foregoing sub-sections where the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] on the written representation by so many of the owners of any land in a development area as may represent not less than one half of the area, of that land, is satisfied that any amenity in relation to such land has not been provided which in the opinion of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] ought to have been or ought to be provided, or that any development of that land for which permission, approval or sanction has been obtained under this Chapter or under any law in force before the commencement of this Chapter has not been carried out, it may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit, and recover the expenses by levy of cess from all the owners of the said land :Provided that if the owners making the said representation contend that the amenity had been agreed to be provided or the development had been agreed to be carried out by a coloniser or co-operative housing society through or from whom the land was acquired by them, they shall file with the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] a copy of such agreement or of the deed of transfer or of the bye-laws of the society incorporating such agreement, and no action shall be taken by the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] under this sub- section unless notice has been given to the coloniser or the society, as the case may be, to show-cause why such action should not be taken :Provided further that where the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] is satisfied that the coloniser or the society has become defunct or is not traceable, no notice under the preceding proviso need be issued.