Bhavi Sarak Yojana (Deferred Street Scheme)

§348

Summary

(1) (a) Whenever the Development Committee is of opinion that it is expedient for any purpose mentioned in section 347 toprovide for the ultimate widening of any street by altering the existing alignment of such street to improve alignments to be prescribed by the 1Municipal Commissioner but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the Development Committee, if satisfied of the sufficiency of the resources of the 2Corporation by a resolution require the 1Municipal Commissioner to make a scheme to be called a Bhavi Sarak Yojana (Deferred Street Scheme) prescribing an alignment on each side of such street.\br@s 1(aa) The said resolution shall specify the time-limit for the execution of the scheme, which may be extended by the Development Committee by resolution from time to time :\br@s Provided that in the case of scheme notified before the commencement of the Uttar Pradesh Municipal Corporation (Amendment) Act, 1972, such time limit if not already specified shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act :\br@s Provided further that such time-limit, including extensions, if any, shall in no case exceed twenty years from the date of notification of the scheme under Section 363;\br@s (b) 2After the scheme has been notified under Section 363 no person shall, within the time-limit for its execution erect, re-erect, all to, or alter any building or wall so as to make the same project beyond the prescribed alignment of the street except with the written permission of the 3Corporation.\br@s (2) The Bhavi Sarak Yojana (deferred street scheme) shall provide for —\br@s (a) the acquisition of the whole or any part of any property lying within the prescribed street alignment ;\br@s (b) the re-laying out of all or any such property including the construction and re-construction of buildings by the 3Corporation or by any other person, and the formation and alteration of the street ;\br@s (c) the drainage and lighting of the street so formed and altered.\br@s 4 (3) The owner of any property included in a Bhavi Sarak Yojana (Deferred Street Scheme) may, at any time after the scheme has been notified under section 363 but within the time limit for its execution or within three years thereafter give the 3Corporation notice requiring it to acquire such property before the expiration of six months from the date of such notice. The 3Corporation shall thereupon acquire the property accordingly, and if it fails to do so it shall pay such compensation as may be determined by the Tribunal referred to in section 372 in accordance with the provisions of this Act and the rules.\br@s (4) Before proceeding to acquire any property within the limit to the scheme other than the property regarding which it has received a notice under sub-section (3), the 3Corporation shall give six months’ notice to the owner of its intention to acquire the property. \br@s

(1) (a) Whenever the Development Committee is of opinion that it is expedient for any purpose mentioned in section 347 toprovide for the ultimate widening of any street by altering the existing alignment of such street to improve alignments to be prescribed by the 1Municipal Commissioner but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the Development Committee, if satisfied of the sufficiency of the resources of the 2Corporation by a resolution require the 1Municipal Commissioner to make a scheme to be called a Bhavi Sarak Yojana (Deferred Street Scheme) prescribing an alignment on each side of such street.\br@s 1(aa) The said resolution shall specify the time-limit for the execution of the scheme, which may be extended by the Development Committee by resolution from time to time :\br@s Provided that in the case of scheme notified before the commencement of the Uttar Pradesh Municipal Corporation (Amendment) Act, 1972, such time limit if not already specified shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act :\br@s Provided further that such time-limit, including extensions, if any, shall in no case exceed twenty years from the date of notification of the scheme under Section 363;\br@s (b) 2After the scheme has been notified under Section 363 no person shall, within the time-limit for its execution erect, re-erect, all to, or alter any building or wall so as to make the same project beyond the prescribed alignment of the street except with the written permission of the 3Corporation.\br@s (2) The Bhavi Sarak Yojana (deferred street scheme) shall provide for —\br@s (a) the acquisition of the whole or any part of any property lying within the prescribed street alignment ;\br@s (b) the re-laying out of all or any such property including the construction and re-construction of buildings by the 3Corporation or by any other person, and the formation and alteration of the street ;\br@s (c) the drainage and lighting of the street so formed and altered.\br@s 4 (3) The owner of any property included in a Bhavi Sarak Yojana (Deferred Street Scheme) may, at any time after the scheme has been notified under section 363 but within the time limit for its execution or within three years thereafter give the 3Corporation notice requiring it to acquire such property before the expiration of six months from the date of such notice. The 3Corporation shall thereupon acquire the property accordingly, and if it fails to do so it shall pay such compensation as may be determined by the Tribunal referred to in section 372 in accordance with the provisions of this Act and the rules.\br@s (4) Before proceeding to acquire any property within the limit to the scheme other than the property regarding which it has received a notice under sub-section (3), the 3Corporation shall give six months’ notice to the owner of its intention to acquire the property. \br@s

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