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State of West Bengal - Section

Section 95 in West Bengal Town and Country (Planning and Development) Act, 1979

95. Provision for cases in which value of development plots is less than the amount payable by owner.

(1)If for any cause the total amount which would be due to the Development Authority from the owner of a plot to be included in the scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the said Authority shall direct that owner of such plot to make payment of such excess amount to it.
(2)If such owner fails to make such payment within the prescribed period, the said Authority shall acquire the plot of such defaulter by paying the value of such plot estimated at its market value on the date of publication of the scheme under section 61 and without reference to improvements contemplated in the scheme, and apportion the compensation among the owner and other persons interested in the plot, and thereupon the plot included in the scheme shall vest absolutely in the said Authority free from all encumbrances, but subject to the provisions of this Act :Provided that the payment made by such Authority on account of the value of the existing plot shall not be included in the costs of the scheme.