Section 46 in Tamil Nadu State Housing Board Act, 1961
46. Deferred street scheme.
(1)Whenever the Board is of opinion that it is necessary to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignments to be prescribed by the Board but that it is not necessary immediately, to acquire all or any of the properties lying within the proposed improved alignments, the Board, may frame a "deferred street scheme" prescribing an alignment on each side of the street and specify the time-limit for the execution of such scheme.(2)A deferred street scheme shall provide for the following matters, namely:-(a)the acquisition of the whole or any part of any property lying within the prescribed street alignments within the time-limit specified in the scheme which may be extended by the Board from time to time:Provided that such time-limit including the extensions granted by Board shall in no case exceed twenty years from the date of sanction of the scheme.(b)the re-laying out of all or any such property including the construction and reconstruction of buildings by the Board or by any other person, and the formation and alignment of the street;(c)the draining, water-supply and lighting of the streets so formed or altered.(3)After a deferred street scheme has been sanctioned by the Board-(a)no person shall, except with the written permission of the Board, erect, re-erect, add to or alter any building or wall so as to make the same project into the prescribed alignment of the street;(b)if the Board fails to acquire or to institute? proceedings for the acquisition of any property within the prescribed alignment of any street within the time-limit specified in the scheme or extended by it, the owner of such Property may, at any time thereafter, give the Board notice requiting it to acquire or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice, and thereupon the Board shall acquire, or institute such proceedings and acquire the property accordingly, and if the Board fails to do so, it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure;(c)before proceeding to acquire any property lying within the prescribed alignment of the street other the property regarding which it has received a notice under clause (b), the Board shall give six months' notice to the owner of its intention to acquire such, property. (d) notwithstanding anything contained in the [Madras City Municipal Act, 1919] [Now the Madras City Municipal Corporation Act, 1919.] ([Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act IV of 1919) or the ([Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] District Municipalities Act, 1920 ([Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act V of 1920) or in any notification issued under section 206 of the [Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] District Boards Act, 1920 ([Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XIV of 1920) or under section 125 of the [Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Village panchayats Act, 1950 [Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act X of 1950) or under section 6 of the [Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Panchayats Act; 1958 [Tamil Nadu] [Thess words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXXV of 1958), the Council of the Corporation of Madras, the Municipal Council, the District Board, the Village Panchayat, the Panchayat or the panchayat Union Council shall not have power to prescribe any alignment of the street within the limits of the scheme, and any such alignment previously prescribed within such limits shall cease to be the alignment of the street.
