Section 36 in The Orissa Development Authorities Rules, 1983
36. Procedure to be followed by the Valuation Officer under Section 34 and manner of giving notice under Sub-section (1) of Section 35.
(1)Before sub-dividing a town planning scheme into a preliminary town planning scheme and a final town planning scheme the Valuation Officer shall subject to the provisions of Section 106, publish a notice in the Gazette and in one or more Oriya newspapers circulating within the area under the jurisdiction of the Authority stating therein, the time as provided in Rule 47 within which the owners of any property or any person whose rights are injuriously affected by the making of the concerned town planning scheme shall be entitled under Section 65 to make a claim for compensation before him, such notice shall also be affixed in prominent places at or near the area comprised in the town planning scheme and at the office of the Valuation Officer.(2)The Valuation Officer shall, after the date so specified in- the notice under Sub-rule (1), continue to carry on his duties, as far as possible, on working days during working hours in respect of the concerned scheme.(3)Before proceeding to deal with the matters specified in Section 35 the Valuation Officer shall, subject to the provisions of Section 106, publish a notice in Form VII in the Gazette and in one or more Oriya newspapers circulating within the area under the jurisdiction of the Authority inviting objection from persons interested in any land or building comprised in the town planning scheme or affected by any of the particulars specified in the scheme within twenty days from the date of publication of such notice in the Gazette. Such notice shall also be affixed in prominent places at or near the area comprised in the town planning scheme and at the office of the Authority and of the Valuation Officer.(4)The Valuation Officer shall give all such persons who might 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 Valuation Officer that there are conflicting claims or any difference of opinion with regards to any of the particulars of the town planning schemes, the Valuation Officer shall record a brief minute in his own hand setting out the point at issue and shall give his decision with reasons therefor. All such minutes shall be appended to the town planning scheme at the time of submission to the State Government for sanction under Sub-section (2) of Section 35.(6)The Valuation Officer shall record and enter in the town planning scheme every decision given by him in respect of any of the particulars specified under Sub-sections (1) and (3) of Section 35. The re-distribution and valuation statement and the financial statement shall be set out and recorded in forms V and VI respectively and in such other form including written matters as may be prepared by the Valuation Officer.(7)The town planning scheme as drawn up by the Valuation Officer may include such particulars envisaged in Rule 31 as may be relevant in relation to the provisions of Section 35.(8)The various parts of the town planning scheme shall be so arranged that they can be easily referable in relation to maps and plans forming part of the town planning scheme.(9)Immediately after the preliminary town planning scheme has been drawn up in the manner provided in Sub-section (1) of Section 35 the Valuation Officer shall-(a)publish a notification in Form VIII in the Gazette and in one or more Oriya newspapers circulating within the area under the jurisdiction of the Authority about the preparation by him of the preliminary town planning 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 (1) of Section 35 in respect of each plot to the owners or persons interested by issuing relevant extract from such scheme in Form IX.(10)Immediately after the final town planning scheme has been drawn up in the manner provided in Sub-section (3) of Section 35, the Valuation Officer shall-(a)publish a notification in Form VIII in the Gazette and in one or more Oriya newspapers circulating within the area under the jurisdiction of the Authority about the preparation by him of the final town planning scheme, announcing that the scheme shall be open for the inspection by the public during office hours at his office;(b)communicate forthwith the decision taken by him under Sub-section (3) of Section 35 in respect of each plot to the owners or persons interested by issuing relevant extract from such scheme in Form X.Explanation - For the purposes of Sub-rules (9) and (10), the expression "plot" shall mean a portion of land in one ownership and numbered and shown as one plot in the town planning scheme.(11)The Valuation Officer shall also inform the President of the Board of Appeal about the publication of notification under Clause (a) of Sub-rule 10.
