Section 44 in Karnataka Town and Country Planning Act, 1961
44. Power to hand over possession of land required for bridges, roads, etc.
(1)Where a Planning Authority thinks that, in the interest of the public, it is necessary to undertake forthwith any of the works referred to in section 43 and included in a preliminary scheme, the Planning Authority shall make an application through the Director to the State Government to vest in it the land shown in the preliminary scheme.(2)The State Government, if satisfied, that it is urgently necessary in the public interest to empower the Planning Authority to enter on the land for the purpose of executing any of the works aforesaid, may direct the Town Planning Officer, by notification, to take possession of the land and may also fix the period during which the execution of the said works shall be completed:Provided that the period so fixed may for sufficient reasons be extended from time to time.(3)The Town Planning Officer shall then give a notice in the prescribed manner to the person interested in the land requiring him to give possession of his land to the Town Planning Officer or any person authorized by him in this behalf within a period of one month from the date of service of notice and if no possession is delivered within the period specified in the notice, the Town Planning Officer shall take possession of the land and shall hand over the land to the Planning Authority. Such land shall thereupon vest absolutely in the Planning Authority free from all encumbrances.(4)If the Town Planning Officer is opposed or impeded in taking possession of the land under sub-section (3) he shall request the District Magistrate or any First Class Magistrate having jurisdiction to enforce the delivery of possession of the land to him. Such Magistrate shall take or cause to be taken such steps and use or cause to be used such force as may reasonably be necessary for securing the delivery of possession of the land to the Town Planning Officer.Explanation. - The power to take steps under this sub-section shall include the power to enter upon any land or other property whatsoever.(5)The owner of the land the possession of which is taken by the Town Planning Officer under this section shall be entitled to an interest at the rate of 4 per cent per annum on the amount of compensation payable to him under this Act in respect of the said land from the date on which such possession is taken till the date on which the final scheme in which such land is included comes into force or till the land is restored to the owner under sub-section (6), as the case may be.(6)If the Planning Authority has not executed any works on the land for which the land was vested in the Planning Authority under sub-section (3) within the period fixed under sub-section (2), the Town Planning Officer shall make or tender to the owner or the person interested in the land such compensation for the damage, if any, done to the land as he may think reasonable and shall restore the land to the owner or person interested therein.
