62. Power of Board to turn or close public street or square vested in them. - (1) The Board may -
(a)turn, divert, discontinue the public use of, or permanently close, any public street vested in them or any part thereof, or(b)discontinue the public use of, or permanently close, any public square vested in them, or any part thereof.(2)Whenever the Board discontinue the public use of, or permanently close, any public street vested in them or any part thereof, they shall pay reasonable compensation to every person who was entitled, otherwise than as a mere licensee, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.(3)Whenever the Board discontinue the public use of, or permanently close, any public square vested in them, or any part thereof, they shall pay reasonable compensation to every person -(a)who was entitled, otherwise than as a mere licensee, to use such square or part as a means of access, or(b)whose immovable property was ventilated by such square or part, and who has suffered damage, -(i)in case (a), from such discontinuance or closing, or(ii)in case (b), from the use to which the Board have put such square or part.(4)In determining the compensation payable to any person under subsection (2) or sub-section (3), the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street or square at or about the same time that the public street or square or part thereof, on account of which the compensation is paid, is discontinued, or closed.(5)When any public street or square vested in the Board, or any part thereof, is permanently closed under sub-section (1), the Board may sell, or lease so much of the same as is no longer required.[63. Projected public streets]. - [(1) The Board may from time to time in regard to any area] -(a)within the Calcutta Municipality, or(b)in the neighbourhood of the said municipality,make plans of -(i)proposed public streets showing the direction of such streets, the street alignment and building line (if any), on each side of them, their intended width and such other details as may appear desirable, and(ii)proposed public parks showing such details as may appear desirable.(2)When a plan of a proposed public street [or a proposed public park] has been made under sub-section (1), the Board shall prepare a notice stating -(a)the fact that such plan has been made,(b)particulars of the land (shown in such plan) [comprised within the proposed public park or] through which the proposed public street will pass.(c)the place at which the said plan and particulars may be seen at reasonable hours, and(d)the period (which shall be not less than sixty days) within which objections to the said plan may be submitted to the Board;and the Board shall thereupon -(i)cause the said notice to be published weekly for two consecutive weeks in the [Official Gazette] and in local newspapers, and in such other manner as the Board may direct, and(ii)forward a copy of the said notice to any person whose name appears in the municipal assessment-book as being primarily liable to pay the owner’s share of the consolidated rate, or the rate on the annual value of holdings, as the case may be, in respect of any land included within the proposed public street [or the proposed public park], and(iii)forward a copy of the said notice and of the plan to which it relates to the [Commissioner of the Corporation] and, if any area in the neighbourhood of the Calcutta Municipality is included in such plan, to the Chairman of the local authority administering any portion of such area, and(iv)cause copies of the said notice and plan to be delivered to any applicant on payment of such fee as may by prescribed by rule made under section 138.(3)On or after a date (not being less than sixty days from the date of the first publication of the notice) to be appointed by the Board in this behalf, the Board shall consider -(a)all objections in writing received from any person affected by the proposed public street [or the proposed public park] contemplated by such plan, and(b)any representation in regard to such street [or public park] made to the Board by the Corporation or the aforesaid local authority;and the Board may thereupon either withdraw the plan or apply to the [State Government] for sanction thereto with such modification (if any) as the Board may consider necessary.(4)If the Board apply for sanction as provided in sub-section (3) they shall simultaneously forward to the [State Government] a full statement of all objections and representations made to them under the said subsection.(5)When a plan of a proposed public street [or a proposed public park] has been submitted to the [State Government] under sub-section (3), the Board shall cause notice of the fact to be published for two consecutive weeks in the [Official Gazette] and in local newspapers.(6)The [State Government] may sanction, either with or without modification, or may refuse to sanction, any plan of a proposed public street [or a proposed public park] submitted to it under sub-section (3).(7)Whenever the [State Government] sanctions a plan of a proposed public street [or a proposed public park], it shall announce the fact by notification, and the publication of such notification shall be conclusive evidence that the plan has been duly made and sanctioned;and the proposed public street [or a proposed public park] to which such notification refers shall be deemed to be a projected public street [or a projected public park], and shall be so deemed until -(a)such street [or park] has been declared, under section 65 or section 66, as the case may be, to be a public street [or park], or(b)the said notification has been cancelled by another notification:Provided that such cancellation shall not affect the validity of any action taken by the Board in pursuance of the said notification.(8)If any person desires to erect, re-erect or add to any wall (exceeding ten feet in height) or building which falls within [the area comprised in a projected public park or within] the street alignment or building line of a projected public street shown in any plan sanctioned by the [State Government] under this section, he shall submit an application in writing to the Chairman for permission so to do:Provided as follows : -(i)no such application shall be necessary for permission to erect or re-erect, between a building line and the street alignment, -(a)a porch or balcony, or(b)along not more than one-third of the frontage, an out-house not exceeding fifteen feet in height;(ii)nothing in this sub-section shall relieve any person from the liability to obtain such sanction as it may be necessary to obtain under any law for the time being in force from any local authority.(9)The Chairman shall in no case refuse an application submitted under sub-section (8) if the applicant executes an agreement binding himself and his successors in interest to remove, without compensation, any wall or building to which that application relates, in the event of the Board -(a)deciding (at any time after an improvement scheme has been sanctioned under section 48 for an area within which such building or wall is situate) that the said wall or building, or any portion thereof, ought to be removed, and(b)calling upon the owner for the time being, by written notice, to remove the same within a time (not being less than sixty days from the date of the service of the notice) to be specified in the said notice.(10)If the Chairman does not, within thirty days from the receipt of an application submitted under sub-section (8), grant or refuse the permission applied for thereunder, such permission shall be deemed to have been granted.(11)If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls -(i)within the street alignment, or(ii)between the street alignment and the building line,of a projected public street [or within a projected public park], the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Board, at any time, within three months from the date of such refusal either -(a)to pay him compensation for any damage sustained by him in consequence of such refusal, or(b)to acquire so much of his land as falls within the street alignment or between the street alignment and the building line [or within the area comprised in the projected public park], as the case may be;and the Board shall thereupon -in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, andin case (b), forthwith take steps to acquire the said land:Provided that, in the case of such land as falls within the street alignment only, it shall be optional with the Board to acquire the same in lieu of paying compensation therefor.(12)An appeal shall lie to the Board from any refusal by the Chairman to grant an application under this section.
