Section 50 in The Orissa Town Planning and Improvement Trust Act, 1956
50. Transfer to the Planning authority for purposes of improvement scheme of building or land vested in Municipality.
(1)Whenever any building or any street, square or other land or any part thereof which is situated in any part of a Municipality constituted under the Orissa Municipal Act, XXIII of 1950 and is vested in that Municipality, is within the area of any improvement scheme and is required for the purpose of such scheme, the Planning authority shall give notice accordingly to the executive authority or officer of such Municipality and such building, street, square, other land or part thereof shall, notwithstanding anything contained in the Orissa Municipal Act, XXIII of 1950, thereupon vest in the said authority.(2)Where any land situated in a Municipality vests in the Planning authority under the provisions of Sub-section (1) and the said authority makes a declaration that such land shall be retained by it only until it reverts to the Municipality as part of a street or an open space under Section 38, no compensation shall be payable by the Planning authority to the Municipality in respect of the land.(3)Where any land or building vests in the Planning authority under Sub-section (1) and no declaration is made under Sub-section (2) in respect of the land, the said authority shall pay to the Municipality as compensation a sum equal to the market value of such land or building as on the date of the publication of the Notification under Section 47; and where any building situated on land in respect of which a declaration has been made by the said authority under Sub-section (1), like compensation shall be payable in respect of such building by the said authority:Provided that land of equal market value may be given in exchange in lieu of compensation.(4)If in any case where Planning authority has made a declaration in respect of any land under Sub-section (2), and retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the Municipality, the Planning authority shall pay to the Municipality compensation in respect of such land in accordance with the provisions of Sub-section (3).(5)If any question of dispute arises -(a)as to whether compensation is payable under Sub-section (3) or Sub-section (4); or(b)as to the amount of the compensation paid or proposed to be paid under Sub-section (3) or Sub-section (4); or(c)as to whether any building or street or square or other land or any part thereof is required for the purposes of the scheme;the matter shall be referred to the State Government whose decision shall be final.
