237. Acquisition of land and building for improvement of roads.
(1)The [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may acquire-(a)any land required for the purpose of opening, widening, extending or otherwise improving any public road or of making any new public road, and the buildings or part of the buildings, if any, standing upon such land; and(b)any land outside the proposed road alignment, with the buildings, or part of the buildings if any, standing thereupon :Provided that, in any case in which it is decided to acquire any land under Clause (b) of this sub-section, the owner of such land may retain it by paying to the Municipality an annual sum to be fixed by the Municipality in that behalf or a lump-sum to be fixed by the Municipality not being less than twenty-five times such annual sum and subject to such conditions as the Municipality thinks fit as to the removal of the existing building or part thereof, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters.(2)If any sum payable in pursuance of the proviso to Sub-section (1) in respect of any land be not duly paid, it shall be recoverable in the manner provided by this Act for the collection of taxes, and, if not so recovered, the Executive Officer may enter upon the land and sell it with any erections, standing thereon by public auction/subject to the conditions, if any, imposed under Sub-section (1) above and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance if any to the defaulter.(3)Any sum paid in pursuance of the proviso to Sub-section (1) or recovered under Sub-section (2) in respect of any land shall be left out of account in determining the annual value of such land for the purpose of assessment.(4)Any land or building acquired under Sub-section (1), Clause (b) may be sold, leased or otherwise disposed of after public advertisement, and conveyance made for that purpose may comprise such conditions as the Municipality thinks fit as to the removal of the existing building or part thereof, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters.(5)The [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may require any person to whom any land or building is transferred under Sub-section (4) to comply with any conditions comprised in the said conveyance before it places with him possession of the land or building.
