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[Cites 0, Cited by 8] [Entire Act]

State of Maharashtra - Section

Section 43 in Nagpur Improvement Trust Act, 1936

43. Abandonment of improvement scheme of application to [State] [Substituted for 'Provincial' by A.O., 1950.] Government to sanction it.

(1)After the expiration of the periods respectively prescribed under clause (a) of sub-section (2) of section 39, by section 404, and by clause (b) of sub-section (2) of section 41, in respect of any improvement scheme, the Trust shall consider any objection, representation or statement of dissent received thereunder, and after hearing all persons making any such objection, representation or dissent, who may desire to be heard, the Trust may either abandon the scheme or apply to the [State] [Substituted for 'Provincial' by A.O., 1950.] Government for sanction to the scheme with such modifications, if any, as the Trust may consider necessary.
(2)Every application submitted under sub-section (1) shall be accompanied by--
(a)a description of, and full particulars relating to, the scheme, and complete plans and estimates of the cost of executing the scheme ;
(b)a description of the street, square, park, open space or other land, or any part thereof, which is the [property of the [Government] [Substituted by A. O. 1937.] and managed by the Central Government or the [State] [Substituted for 'provincial' by A. O., 1950.] [Government] [Substituted for 'Crown' by A. O. 1950.] required for] the scheme ;
(c)a statement of the reasons for any modifications made in the scheme as originally framed ;
(d)a statement of objections, if any, received under section 39 ;
(e)any representation received under section 40 ;
(f)a list of the names of all persons, if any, who have dissented, under clause (b) of sub-section (2) of section 41, from the proposed acquisition of their land or from the proposed recovery of a betterment contribution and a statement of the reasons given for such dissent; and
(g)a statement of the arrangements made or proposed by the Trust for the re-housing of persons likely to be displaced by the execution of the scheme, for whose re-housing provision is required.
(3)[ omitted.] [Omitted by M.P. Act XIV of 1952, section 12.]
(4)When any application has been submitted to the [State] [Substituted for 'provincial' by A. O., 1950.] Government under subsection (1), the Trust shall cause notice of the fact to be published for two consecutive weeks in the Official Gazette and in a local newspaper or newspapers, if any :Provided that the provisions of sub-section (2) of section 44 regarding republication under section 39 shall apply to modifications made by the Trust under sub-section (1).