Section 40 in The Orissa Town Planning and Improvement Trust Act, 1956
40. Development scheme.
(1)In regard to any area to which this Act applies the Planning authority may, from time to time, prepare, within the frame-work of the allotted plan, a scheme of proposed public streets with plans showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.(2)When any such scheme has been notified under Section 45 the street to which it refers, shall be deemed to be projected public street.(3)If any person desires to erect, re-erect, add to, or alter any building or wall so as to make the same project beyond the street alignment or beyond the building line shown in any plan so adopted, he shall apply to the Planning authority for permission to do so.(4)If the Planning authority refuses to grant permission to any person, within six months of the date of his application to erect on his land any building or wall to project as aforesaid and if it does not proceed to acquire such land within one year from the date of such refusal, the Planning authority shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal.(5)When any building or wall or part thereof projecting into or beyond, or adjacent to the street alignment or building line shown in any plan adopted as aforesaid has fallen down or been demolished or burnt down, or is in the opinion of the Planning authority, in a condition likely to endanger public safety or public health the said authority, may by written notice, require or permit the same to be set back, or set forward, as the case may be to or towards such street alignment or building line.(6)When any building or wall is set back or set forward in pursuance of a requisition made under Sub-section (5) the Planning authority shall pay compensation to the owner of the building or wall for any damage that he may sustain thereby.(7)If the requisition or permission under Sub-section (5) to set forward any building or wall involves the inclusion within the premises of the owner of the building or wall of any land belonging to the Planning authority, the requisition or permission shall operate as conveyance of such land to the said owner on the terms and conditions specified therein.(8)If the owner is dissatisfied with any of the terms and conditions aforesaid he may within thirty days after the communication to him of such terms and conditions apply to the Planning authority in writing for a reference of his case to the Tribunal hereinafter constituted. On receipt of such application, the said authority shall refer the case to the Tribunal and its decision shall be final.
