(1) The Board shall, before forwarding the programme to the Government under Section 24 publish a draft of the programme in the 2[Andhra Pradesh Gazette] and in such other manner as may be prescribed.
(2) If within three weeks from the date of such application any person communicates in writing to the Board any suggestion or objection relating to such programme the Board shall consider such suggestion or objection and may modify such programme as it thinks fit.
(3) The Board shall then forward the programme, the Budget and schedule of the staff of Officers and servants to the Government for sanction as required under Section 24.
1. Substituted by the Act No. 15 of 1962, S.13.
2. Substituted by Act No.15 of 1962. S,23.
26. Sanction to Programme, budget and Establishment Schedule - The Government may sanction the programme, the Budget and schedule of the staff of Officers and servants forwarded to it with such modifications as it deems fit 1[XXX].
27. Publication of sanctioned programme - The Government shall publish the programme sanctioned by it under Section 26, in the 2[Andhra Pradesh Gazette.]
28. Supplementary programme budget and establishment schedule - The Board may, at any time, during the year, in respect of which a programme has been sanctioned under Section 26 submit a supplementary programme and budget and the additional schedule of the staff, if any, to the Government and the provisions of Section 26 shall apply to such supplementary programme, budget and schedule. The provisions of Section 27 shall also apply to such programme.
29. Variation of programme by Board after it is sanctioned - The Board may, at any time, vary programme or any part thereof 3[sanctioned by the Government, without deviating from the very purpose for which it is sanctioned:]
Provided that no such variation shall be made if it involves expenditure in excess of ten per cent of the amount as originally sanctioned for the execution of any housing scheme included in such programme, or affects its scope or purpose.
30. Sanctioned Housing Schemes to be executed - After the programme has been sanctioned and published by the Government under Sections 26 and 27, the Board shall, subject to the provisions of Section 29 proceed to execute the housing schemes included in the programme.
31. Publication of housing scheme in the 2[Andhra Pradesh Gazette] - (1) Before proceeding to execute any housing scheme under Section 30 the Board shall, by notification in the 2[Andhra Pradesh Gazette], publish the scheme.
The notification shall specify that the plan, showing the area which it is proposed to include in the housing scheme and the surrounding lands, shall be open to inspection of the public at all reasonable hours at the Office of the Board.
(2) If within two weeks from the date of the publication of the Housing Scheme any person communicates in writing to the Board any suggestion or objection relating to the scheme, the Board shall consider such suggestion or objection and may modify the scheme as it thinks fit.
(3) The Board shall then by notification in the 2[Andhra Pradesh Gazette] publish the final scheme. The notification shall specify that the plan, showing the area included in the final scheme and the surrounding lands and other particulars as may be prescribed shall be open to inspection of the public at all reasonable hours at the Office of the Board.
1. Omitted by Act No.12 of 2010. S,4.
2. Substituted by Act No.15 of 1962. S,23.
3. Substituted by Act No.12 of 2010. S,5.
(4) The publication of a notification in the 1[Andhra Pradesh Gazette] under sub-section (3) shall be conclusive evidence that the said scheme has been duly framed.
32. Transfer to the Board for purposes of housing scheme of land vested in local authority - (1) Whenever any street, square or other land, or any part thereof which is situated within the Jurisdiction of a local authority and is vested in the said local authority, is within the area included in the programme sanctioned by the Government and is required for the purpose of such housing scheme, the Board shall give notice accordingly to the local authority in which it vests.
(2) Where the said local authority concurs, such street, square or other land or part thereof shall vest in the Board.
(3) Where there is any dispute the matter shall be referred to the Government. The Government shall, after hearing the local authority concerned, decide the matter and the decision of the Government shall be final.
If the Government decides that such street, square or land, shall vest in the Board, it shall vest accordingly.
(4) Nothing in this section shall effect the rights or powers of the local authority in or over any drain or water works in such street, square or land.
33. Compensation in respect of land vested in the Board - (1) Where any land vests in the Board under the provisions or Section 32 and the Board makes declaration that such land shall be retained by the Board only until it revests in the local authority as part of a street or an open space under Section 26 no compensation shall be payable by the Board to the local authority in respect of that land.
(2) Where any land vests in the Board under Section 32 and no declaration is made under sub-section (1) in respect of the land, the Board shall pay to the local authority as compensation a sum equal to the value of such land.
(3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the local authority the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of sub-section (2).
34. Power of Board to turn or close public street vested in it - (1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof.
(2) Whenever the Board discontinues the public use of, a permanently closes any public street vested in it or any part thereof, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, or the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as a mere member of the public, to use such street or part as means of access and has suffered damage from such discontinuance or closing.
1. Substituted by Act No.15 of 1962. S,23.
(3) In determining the compensation payable to any person under subsection (2) the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street part thereof on account which the compensation is paid, is discontinued or closed.
(4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer required.
35. Reference to Tribunal in case of dispute under sections 33 or 34 - If there is any dispute as to whether any compensation is payable under section 33 or as to the amount of compensation payable under section 33 or section 34, as the case may be the matter shall be referred to the Tribunal.
36. Vesting in local authority of street laid out or altered and open space provided by the Board under housing scheme - (1) Whenever the Government is satisfied-
(a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the programme sanctioned by the Government under section 26, and
(b) that such lamps, lamp-posts and other apparatus as the local authority considers necessary for the lighting of such street and as out to be provided by the Board have been so provided, and
(c) that water and other sanitary conveniences have been duly provided in such street, the Government may declare the street to be a public street, and the street shall thereupon vest in the concerned local authority and shall thenceforth be maintained, kept in repair, lighted and cleaned by the said local authority.
(2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of, the local authority:
Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.
(3) If any difference of opinion arising between the Board and the local authority in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the Government whose decision shall be final.
37. Other duties of the Board - It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for-
(a) unification, simplification and standardisation of building materials;
(b) encouraging prefabrication and mass production of house components;
(c) organising or undertaking the production of building materials required for the housing schemes;
(d) encouraging research for discovering cheap building materials and evolving new methods of economic construction;
(e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.
38. Reconstitution of plots - A housing scheme may provide –
(a) for the formation of a reconstituted plot by the alteration of the boundaries of an original plot;
(b) with the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joining ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot;
(c) for the allotment of a plot to any owner dispossessed of a land in furtherance of the housing scheme; and
(d) for the transfer of ownership of a plot from the person to another.
39. Power to exempt schemes from provisions of section 24 to 31 - The Government may, by general or special order published in the 1[Andhra Pradesh Gazette], exempt any housing scheme entrusted by it to the Board from all or any of the provisions of sections 24 to 31 (both inclusive) subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme with such modifications as may be specified in the order.
CHAPTER – IV ACQUISITION AND DISPOSAL OF LAND
40. Power to purchase or lease by agreement - (1) The Board may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith.
2[(1-A) The Government may also transfer land to the Board for development under Public Private Participation as a Joint Venture, or for sale. The proceeds thereof shall form part of the Consolidated Fund of the State and shall be remitted into it accordingly, or disposed as may be directed by the Government.]
(2) The Board may also take steps for the compulsory acquisition of any land or any interst therein required for the execution of a housing scheme in the manner provided in the 3[Land Acquisition Act, 1894 (Central Act 1 of 1894)] as modified by the Act and the acquisition of any land or any interest therein for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the 3[Land Acquisition Act, 1894 (Central Act 1 of 1894)].
1. Substituted by Act No.15 of 1962. S,23.
2. Inserted by the Act No. 12 of 2010, S,6.
3. Substituted by Act No.15 of 1962. S,14.
1[40-A. Modification of the Land Acquisition Act, 1894 - For the purpose of acquiring land for the Board under the Land Acquisition Act,1894 (Central Act 1 of 1894), the said Act shall be subject to the following modifications, namely:-
(a) the publication of a draft notification under section 22-A shall be substituted for and have the same effect as publication in the Andhra Pradesh Gazette and in the locality of a notification under sub-section (1) of section 4 of the said Act, except when a notification under sub-section (1) of section 4 or a declaration under section 6 of the said Act has been previously made and is in force;
(b) section 17 of the said Act as in force in the State of Andhra Pradesh shall have effect as if, after sub-clause (iii) of clause (b) of sub-section (2) of that section, the following had been added, namely:- “(iv) for the execution of any housing scheme under the Andhra Pradesh Housing Board Act, 1956”.
40-B. Payment of Compensation. (1) Notwithstanding anything in the Land Acquisition Act, 1894 (Central Act 1 of 1894), the amount payable as compensation in respect of land acquired under this Act shall be an amount equal to twenty times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of notification under section 22-A.
(2) The net average annual income referred to in sub-section (1) shall be calculated in the manner and in accordance with the principles set out in the succeeding sub-sections.
(3) The net average annual income shall be one-fifth of the gross rent actually derived by the owner from the land acquired and buildings if any, thereon, during the period of five consecutive years after deducting municipal taxes, revenue charges and cost of repairs for the said period of five years from such gross rent.
(4) The gross rent shall be determined by the Land Acquisition Officer by local enquiry, and, if necessary, by obtaining certified copies of extracts from the property tax assessment books of the local authority concerned showing the rental values of such lands or buildings.
(5) Where there are trees on the land acquired, the Land Acquisition Officer shall take into account the income, if any, actually derived by the owner from such trees during the said period of five years.
(6) If the land or buildings thereon remained unoccupied, or the owner has not been in receipt of any rent for the occupation of such land or buildings during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land or buildings had been leased out or given for rent during the relevant period, and, for this purpose, the income actually derived from similar lands or buildings in the vicinity shall be taken into account.
1. Inserted by the Act No. 15 of 1962, S,15.
Explanation.- In this section, 'building' includes a house, out-house, shed, hut and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever.
40-C. Power of Government to transfer Government land to the Board.
1[(1)(a)] The Government may, either suo motu or on the request of the Board and after consulting the Collector of the district, by order transfer any land belonging to them to the control of the Board, for the purpose of providing housing accommodation. Every such order shall be published in the Andhra Pradesh Gazette and shall be subject to such terms, conditions and restrictions as may be specified in such order and any rules made in this behalf.
2[(b) The Government may transfer any land to the Housing Board for development under Public Private Participation as a Joint Venture or for sale.
The proceeds thereof shall form part of the Consolidated Fund of the State and shall be remitted into it accordingly or as directed by the Government.]
(2) The Collector of the district shall, on a request being made by the Board, furnish to the Board the particulars of all unoccupied lands belonging to the Government in any area specified by the Board.]
41. Betterment charges - (1) When by the making of a housing scheme any land in the area comprised in the scheme will in the opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land from the execution of the scheme.
(2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment charges shall not exceed one-half of such increase in value.
(3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme.
42. Notice to persons liable for betterment charges - (1) The Board shall give notice in the prescribed form to any person who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard.
(2) After hearing such person or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.
(3) Where the assessment of betterment charges proposed by the Board is accepted by the person concerned within the period specified, the assessment shall be final.
(4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal.
1. Sub-section (1) re-numbered as (1) (a) Act No. 12 of 2010, S,7.
2. Inserted by the Act No. 12 of 2010, S,7.
(5) The Tribunal shall, after holdings an inquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person:
Provided that the amount of the betterment charges assessed by the Board shall not be questioned in the Tribunal merely on the ground that the increase in the value of the land from the execution of the scheme as determined by the Board was in part due to reasons unconnected with the scheme.
43. Agreement for payment of betterment charges - (1) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the said charges in lumpsum to the Board, execute an agreement with the Board to pay the same in such number of installments as may be determined by the Board at such interest as may be prescribed.
(2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mortgage or charge, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.
44. Recovery of betterment charges - All sums payable in respect of any land by any person in respect of betterment charges under section 41 or by any person under an agreement under section 43 shall be recoverable on behalf of the Board as an arrear of land revenue.
45. Power to dispose of land - Subject to any rules made by the Government under this Act, the Board may retain, lease, sell, exchange, mortgage or otherwise dispose of, any land, building or other property vesting in it 1[XXX].
46. Disputes regarding reconstitution of plots - (1) Whereby the making of a housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, any person affected by such reconstitution or dispossession may apply to the Board for compensation. The Board may after making such inquiry as it thinks fit decide whether the applicant is entitled to any compensation and if so to what extent. If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal.
(2) The tribunal shall then after making an inquiry determine the amount of compensation and direct the Board to pay the same to the person entitled.
CHAPTER – V TRIBUNAL 2[47. Constitution of the Tribunal – The Tribunal shall consist of single member who shall be a judicial officer of the status of a District Judge.]
48. Duties of Tribunal - The Tribunal shall –
(a) decide whether any compensation is payable under Section 33;
(b) decide the amount of compensation in the matters referred to it under Section 35;
1. Omitted by Act No.12 of 2010. S,8.
2. Substituted by the Act No. 15 of 1962, S,16.
(c) decide disputes relating to betterment charges referred to it under Section 42;
(d) decide disputes relating to the reconstitution of plots referred to it under Section 46 and the amount of compensation to be awarded in consequence thereof;
(e) decide such other matters as may be prescribed. 49. Powers of President.
49. 1[XXX]
50. Powers of and procedure before Tribunal - (1) In making inquiries under sections 33, 35, 42 and 46 of the Act, the Tribunal shall have and exercise the same powers as are vested in a Civil Court in respect of –
(a) Proof of facts by affidavits;
(b) Summoning and enforcing the attendance of any person and examining him on oath;
(c) Compelling the production of documents; and
(d) Issuing commissions for the examination of witnesses;
(2) In all proceedings before the Tribunal the Tribunal shall follow such procedure as may be prescribed;
(3) Every order made by the Tribunal for the payment of money except that for the recovery of which provision has been made in section 44 and for the delivery of the possession or removal of any structure shall be enforced by 2[the City Civil Court, Hyderabad in the cities of Hyderabad and Secunderabad] and elsewhere by the District Court in the jurisdiction of which the land comprised in the housing scheme is situate, as if it was the decree of the said Court.
(4) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
51. Decision of Tribunal to be final - The decision of the Tribunal on any matter referred to it under this Act shall be final and shall not be questioned in any court of law.
CHAPTER-VI POWER TO EVICT PERSONS FROM BOARD PREMISES