Section 73 in West Bengal Town and Country (Planning and Development) Act, 1979
73. Determination of certain matters by the Development Authority.
(1)As soon as may be after publication of the notice of the scheme in the Official Gazette under sub-section (1) of section 70, but not later than the time prescribed by rules, the Development Authority shall, in accordance with the procedure that may be prescribed, proceed to -(a)define, demarcate and decide the areas allotted to, or reserved, for the public purpose or purposes of the said Authority, and also the reconstituted plots;(b)decide the person or persons to whom a reconstituted plot is to be allotted; when such plot is to be allotted; and when such plot is not to be allotted to persons in ownership in common, decide the shares of such persons;(c)estimate the value of and fix the difference between the values of the existing plots and the values of the reconstituted plots included in the scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 87;(d)estimate the compensation payable for the loss of the area of the existing plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 87 in respect of any existing plot which is wholly acquired under the scheme;(e)determine whether the areas allotted or reserved for the public purpose or purposes of the Development Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;(f)estimate the proportion of the sums payable as compensation on each plot used, allotted, or reserved for public purpose or for the purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;(g)determine the proportion of contribution to be levied on each plot used, allotted or reserved for purposes of the Development Authority which is beneficial partly, to the owners or residents within the area of the scheme and partly to the general public;(h)determine the amount of exemption, if any, from the payment of the contribution, that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes on the date of publication of the notice of the scheme under section 70;(i)estimate the value of reconstituted plots included in the scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 88;(j)calculate the proportion in which the increment in respect of the reconstituted plots included in the scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 89;(k)calculate the contribution to be levied on each reconstituted plot included in the scheme;(l)determine the amount to be deducted from or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 90;(m)provided for the total or partial transfer of any right in an existing plot to a reconstituted plot or provide for the extinction of any right in an existing plot in accordance with the provisions contained in section 91;(n)where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgagee or lessee on one hand and the mortgagor or lessor on the other;(o)estimate, with reference to claims made before it, after the notice given by it in the prescribed manner, the amount to be paid to the owner of any property or right injuriously affected by the making of a scheme in accordance with the provisions contained in section 92;(p)determine the period in which the works provided in the scheme shall be completed by the Development Authority :Provided that the Development Authority may make variations from the scheme subject to the condition that any variation estimated by it to involve an increase of ten per cent in the total cost of the scheme or rupees one lakh, whichever is lower, shall require the sanction of the State Government :Provided further that no substantial variation shall be made without the consent of the State Government and without hearing any objections which may be raised by the owners concerned.(2)The State Government may, if it thinks fit, whether the period prescribed by rules for deciding all the matters stated in sub-section (1) has expired or not, extend from time to time by notification in the Official Gazette, the period for deciding the matter referred to.
