Section 56 in Punjab Regional and Town Planning and Development (General) Rules, 1995
56. Procedure to be followed by the Arbitrator and manner of giving notice under section 102(2)(i) and (ii).
(1)Before defining, demarcating and deciding the areas allotted to or reserved for public purposes or purposes of the Authority and reconstituting plots under the scheme in terms of the provisions of sub-section (3) of Section 102 and before deciding the person or persons to whom reconstituted plot is to be allotted and such plot is to be allotted to persons having ownership in the command and deciding the shares of such persons, the Arbitrator shall publish a notice in the Official Gazette of the Government of Punjab and in two newspapers one of which shall be of the Official language of the State widely in circulation in the area of the schemes stating therein the time as provided in Section 128 within which the owner of any property or any person, whose rights are injuriously affected by making of the Scheme, shall be entitled under section 128 to make a claim for compensation before him and such notice shall also be displayed at some conspicuous place in the offices of the Authority, local authority and the Deputy Commissioner in whose jurisdiction the area of the Scheme wholly or partly falls.(2)The Arbitrator shall, upto the date specified in the notice under sub- rule (1), continue to carry on his duty as far as possible on all working days during the office hours in respect of the Scheme.(3)Before proceeding to deal with the matters specified in sub-section (3) of Section 102, the Arbitrator shall, subject to the provisions of Section 166, publish a notice in Form XVI in the Official Gazette of the Government of Punjab and in two newspapers, one of which shall be in the Official language of the State widely in circulation in the area of the Scheme inviting objections from persons interested in any land or building comprised in the Scheme or affected by any of the particulars specified in the Scheme within thirty days from the date of publication of such notice in the Official Gazette and such notice shall also be displayed at conspicuous place in the office of the Authority, local authority and the Deputy Commissioner in whose jurisdiction the area of the Scheme wholly or partly falls.(4)The Arbitrator shall, give all such persons who have filed objections in response to and within the time specified in the notice published under sub- rule (3) sufficient opportunity of being heard and shall not give any decision till he has duly considered their objections.(5)If during the proceedings, it appears to the Arbitrator that there are conflicting claims or any difference of the opinion with regard to any of the particulars of the Scheme, the Arbitrator shall give his decision with reasons therefor and decision so recorded shall be appended to the Scheme at the time of its submission to the State Government for sanction under sub-section (2) of Section 112.(6)The Arbitrator shall record and enter in the Scheme every decision given by him in respect of any of the particulars specified in Section 102 and the redistribution and valuation statement and the financial statement shall be sent out and recorded in Form XVII and Form XVIII respectively and in such other form including written matter as may be prepared by the Arbitrator.(7)The Scheme as prepared by the Arbitrator may include such matters as envisaged in Rule 48 as may be relevant in relation to the provisions of Section 112.(8)The various parts of the Scheme shall be so arranged that they can be easily referable in relation to maps and plans forming part of the Scheme.(9)Immediately after the final Scheme has been drawn up in the manner provided in Section 112, the Arbitrator shall -(a)publish a notice in Form XIX in the Official Gazette of the Government of Punjab and in two newspapers, one of which shall be of the Official Language of the State, widely in circulation in the area of the Scheme about the preparation by him of the final Scheme, announcing, that the Scheme shall be open for inspection by the public during office hours at his office; and(b)Communicate, forthwith the decision taken by him under sub- section (3) of Section 102 in respect of each plot to the owners of persons interested by issuing relevant extract from such Scheme in Form XX.Explanation. - For the purposes of sub-rules (9), the expression "plot" shall mean a portion of land in one ownership and numbered and shown as one plot in the Scheme.(10)The Arbitrator shall also inform the President of the Tribunal of Appeal about the publication of notice under sub-clause (a) of sub-rule (9). (Sections 102(3)(i) and (ii) and 180(2)(zzg).)
