Section 53 in The Orissa Development Authorities Act, 1982
53. Power to vary town planning scheme on ground of error, irregularity or informality.
(1)If after the preliminary town planning scheme or the final town planning scheme has come into force, the Authority considers that any of such scheme is defective on account of an error, irregularity or informality the Authority may apply in writing to the State Government for the variation of the town planning scheme.(2)If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall publish a draft of such variation in the manner prescribed by rules.(3)The draft variation published under Sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the Clauses (b), (c), (d), (e), (g) and (i) of Sub-section (4) of Section 22, the draft variation shall also contain such other particulars as may be prescribed by rules.(4)The draft variation shall be open to inspection of the public at the head office of the Authority during office hours.(5)Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing his objections to such variation to the State Government and send a copy thereof to the Authority.(6)After receiving the objections under Sub-section (5), the State Government may, after making such inquiry as it may think fit, by notification-(a)appoint a Valuation Officer and thereupon the provisions of this Chapter shall, so far as may be, apply to such draft variation as if it were a draft town planning scheme sanctioned by the State Government; or(b)make the variation with or without modification; or(c)refuse to make the variation.(7)From the date of the notification making the variation, with or without modification, such variation shall take effect as if it were incorporated in the town planning scheme.
