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6. Under Section 31(1), within one month from the date of the publication of the draft sanctioned town planning scheme, the State Govt. shall appoint a Town Planning Officer who is to make final scheme while performing the duties imposed on him under Section 32 in accordance with the procedure prescribed in Section 32 and the Rules. Under Section 32 after notice given in the manner, it defines and demarcates the areas allotted to, or reserved, for a public purposes or purpose of the local authority and the reconstituted plots; indicate the person to be allotted of ownership in reconstituted plot in common and the shares of such persons, etc. He has also to fix the difference between the total of the value of the original plot and the total of the plots included in the final scheme etc. He has also to calculate or to estimate the compensation payable on each plot used; the contribution to be levied on each plot used, or reserved for a public purpose; of use partly to the owner and partly to the public; to determine the amount of exemption, if any, from payment of the contribution of the lands occupied by religious and charitable purposes. The contribution of the costs in the final scheme is also enjoined to be calculated and to determine the liabilities etc. as indicated in Clauses (vi) to (xi). Clause (xii) provides for the total or partial transfer of any right in any original plot to a reconstituted plot or provide for the extinction of any right in an original plot in accordance with the provisions contained in Section 68 and then has to draw plan as provided under Clause (xiv) in the final scheme in accordance with the draft scheme. Under the proviso it is empowered to make variation from the draft scheme the details of which are not necessary but suffice to state that under the proviso no substantial variation shall be made by the Town Planning Officer without the consent of the local authority and without hearing any objections which may be raised by the owner concerned. Thereafter, the decision of the Town Planning Officer subject to an appeal, if any, the State Govt. under Section 34, shall make it final and binds the parties. The final scheme shall b" published, after following the procedure in Rule 21(1) to (8), as per Sub-rule (9). Section 54 provides that on and after the day on which the final scheme conies into force any person continuing to occupy any land which he is not entitled to occupy under the final scheme shall be ejected summarily as per the prescribed procedure and local authority shall also be entitled to remove,, pull down or alter any building or other work in the area included in the scheme under Section 55 after giving notice in the prescribed manner and in accordance with the procedure of the scheme. Section 56 gives power to the State Govt. to vary scheme on grounds of irregularity or infirmity in making the scheme. Under Section 60 every party to any proceeding before the Town Planning Officer shall be entitled to appear either in person or by his recognized agent.

(9) Omitted.

11. A reading of Section 32 read with Rule 21(3) makes it abundantly clear that the Town Planning Officer is to give notice of at least 3 days in the prescribed manner to the effected persons to submit objections or views; are to be given adequate opportunity under rule 21(4) to respond and thereafter the Officer is to demarcate the area allotted to or reserved for public purposes or for purpose of the local authority and the reconstituted plots to be allotted to persons in ownership with the shares of such persons in common plot etc. He is also entitled to alter the boundaries, allocate certain lands for public purposes, reduce the size of the existing plots or re-distribute the plots to the owners etc. in the reconstituted plot. The second stage is the calculation of the contribution and apportionment thereof among the persons liable to make contribution. Thus the owner, tenant or a sub-tenant, as the case may be, is entitled to a notice and an adequate opportunity to place on record, if he so choses, his objections or views and the same shall be considered and action taken thereafter. It is settled law that before depriving a person of his property or imposing any further liability, the principles of natural justice require prior notice and reasonable opportunity to him to put forth his claim or objections. Rule 21(3) speaks of special notice of at least three days duration. It is in consonance with and in compliance of the principles of natural justice. The legislature thus made a distinction between the general notice envisaged in Sub-rule (1) of Rule 21 and special notice under S8:37 AM Sub-rule (3) of Rule 21, which was in addition to the former.