(1)The Board may from time to time in regard to any area -(a)within the[Howrah Municipal Corporation or any Municipality of Howrah,] [Words 'or the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'Howrah Municipality or the Bally Municipality' by W.B. Act 15 of 1995.] or(b)in the neighbourhood of [the said Corporation or the Municipality, as the case may be,] [Words 'those Municipality' first substituted for the words 'the said Municipality' by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'those Municipalities' by W.B. Act 15 of 1995.], -make plans of -(i)proposed public streets, showing the directing of such streets, the street alignment and building line (if any), on each side of them, their intended width and such other details as may appear desirable, and(ii)proposed public parks showing such details as may appear desirable.(2)When a plan has been made under sub-section (1), the Board shall prepare a notice stating -(a)the fact that such plan has been made,(b)particulars of the land (shown in such plan) comprised within the proposed public park or through which the proposed public street will pass, or on which the park or the open space will be laid out,(c)the place at which the said plan and particulars may be seen at reasonable hours, and(d)the period (which shall be not less than thirty days) within which objections to the said plan may be submitted to the Board;and the Board shall thereupon -(i)cause the said notice to be published weekly for two consecutive weeks in the Official Gazette and in local newspapers, and in such other manner as the Board may direct, and(ii)forward a copy of the said notice to any person whose name appears in the municipal assessment-book as being primarily liable to pay the owner's share of the consolidated rate, or the rate on the annual value of holdings, as the case may be, in respect of any land included within the proposed public street or the proposed public park, and(iii)forward a copy of the said notice and of the plan to which it relates to the [Mayor, the Chairman of any Municipality of Howrah] [Words ',to the Chairman of the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'Chairman of the Howrah Municipality, to the Chairman of the Bally Municipality' by W.B. Act 15 of 1995.] and, if any area in the [(neighbourhood of the Howrah Municipal Corporation and of any Municipality of Howrah) is] [Words 'Howrah Municipality and of the Bally Municipality is' first substituted for the words 'Howrah Municipality is' by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'neighbourhood of the Howrah Municipality and of the Bally Municipality' by W.B. Act 15 of 1995.] included in such plan, to the Chairman of the local authority administering any portion of such area, and(iv)cause copies of the said notice and plan to be delivered to any applicant on payment of such fee as may be prescribed by rule made under section 149.(3)On or after a date (not being less than thirty days from the date of the first publication of the notice) to be appointed by the Board in this behalf, the Board shall consider -(a)all objections in writing received from any person affected by the plan, and(b)any representation in regard to such plan made to the Board by the [Howrah Municipal Corporation or any Municipality of Howrah] [Words 'or the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'Commissioners of the Howrah Municipality or of the Bally Municipality' by W. B. Act 15 of 1995.] or the aforesaid local authority,and the Board may thereupon either withdraw the plan or apply to the State Government for sanction thereto with such modification (if any) as the Board may consider necessary.(4)If any Board apply for sanction as provided in sub-section (3), they shall simultaneously forward to the State Government a full statement of all objections and representations made to them under the said sub-section.(5)When a plan as aforesaid has been submitted to the State Government under sub-section (3), the Board shall cause notice of the fact to be published for two consecutive weeks in the Official Gazette and in local newspapers.(6)The State Government may sanction, either with or without modification, or may refuse to sanction, any plan submitted to it under sub-section (3).(7)Whenever the State Government sanctions a plan it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the plan has been duty made and sanctioned; and the proposed public street or public park to which such notification refers shall be deemed to be a projected public street, or a projected public park, as the case may be, and shall be so deemed until -(a)such street or park has been declared under section 65 to be a public street, or public park, or(b)the said notification has been cancelled by another notification:Provided that such cancellation shall not affect the validity of any action taken by the Board in pursuance of the said notification.(8)If any persons desires to erect, re-erect or add to any wall (exceeding ten feet in height) or building which falls within the area comprised in a projected public park or within the street alignment or building line of a projected public street shown in any plan sanctioned by the State Government under this section, he shall submit an application in writing to the Chairman for permission so to do:Provided as follows :-(i)no such application shall be necessary for permission to erect or re-erect, between a building line and the street alignment, -(a)a porch or balcony, or(b)along not more than one-third of the frontage, an outhouse not exceeding fifteen feet in height;(ii)nothing in this sub-section shall relieve any person from the liability to obtain such sanction as it may be necessary to obtain under any law for the time being in force from the local authority.(9)The Chairman shall in no case refuse an application submitted under sub-section (8) if the applicant executes an agreement binding himself and his successors in interest to remove, without compensation, any wall or building to which that application relates, in the event of the Board -(a)deciding (at any time after a scheme has been sanctioned under section 50 for an area within which such building or wall is situate) that the said wall or building, or any portion thereof, ought to be removed, and(b)calling upon the owner for the time being, by written notice, to remove the same within a time (not being less than sixty days from the date of the service of the notice) to be specified in the said notice.(10)If the Chairman does not, within thirty days from the receipt of an application submitted under sub-section (8), grant or refuse the permission applied for thereunder, such permission shall be deemed to have been granted.(11)If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls -(i)within the street alignment of a projected public street, or within a projected public park, or(ii)between the street alignment and the building line of a projected public street,the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Board, at any time, within three months from the date of such refusal either -(a)to pay him compensation for any damage sustained by him in consequence of such refusal, or(b)to acquire so much of his land as falls within the street alignment, or between the street alignment and the building line or within the park or space, as the case may be;and the Board shall thereupon -in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, andin case (b), forthwith take steps to acquire the said land :Provided that, in the case of such land as falls within the street alignment only, it shall be optional with the Board to acquire the same in lieu of paying compensation therefor.(12)An appeal shall lie to the Board from any refusal by the Chairman to grant an application under this section.
