Powers and Duties of the Trust where a Scheme has been sanctioned

Power of Trust to turn or close street or square vested in it

§46

Summary

(1) The Trust may- (a) turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof, or (b) discontinue the public use of, or permanently close, any public square vested in it or any part, thereof. (2) Whenever the Trust discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall pay reasonable compensation to every person who was entitled, otherwise than as 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 Trust discontinues the public use of, or permanently closes, any public square vested in it or any part thereof, it 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, and (ii) in case (b), from the use to which the Trust has put such square or part. (4) In determining the compensation payable to any person under sub-section (2) or sub-section (3), the Trust 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 Trust, or any part thereof, is permanently closed under sub-section (1), the Trust may sell or lease so much of the same as is no longer required.

(1) The Trust may- (a) turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof, or (b) discontinue the public use of, or permanently close, any public square vested in it or any part, thereof. (2) Whenever the Trust discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall pay reasonable compensation to every person who was entitled, otherwise than as 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 Trust discontinues the public use of, or permanently closes, any public square vested in it or any part thereof, it 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, and (ii) in case (b), from the use to which the Trust has put such square or part. (4) In determining the compensation payable to any person under sub-section (2) or sub-section (3), the Trust 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 Trust, or any part thereof, is permanently closed under sub-section (1), the Trust may sell or lease so much of the same as is no longer required.

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