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Section 38: Schemes entrusted to Board by YAdminlslralorj

The Haryana Housing Board Act 1971 (as extended to Chandigarh)Union territory Act of Chandigarh · Act 20 of 1971

The provisions of section 21 and section 23 to 19 (both inclusive) shall not be applicable to any housing aohemc entrusted to the Board by the '[Administrator] except to such CKtent and subject to HIIUII mortifications as may be specified in any general or special order made by the '[Administrator] and every such order shall be pub­ lished in the 'fChandigarh Gazette].

**+ C H A P T E R I V Acquis i t ion a n d Disposa l of L a n d

39. Power tu purchase, lease or acquire land, - m The Board may enter into an agreement with any person or the '1 Administrator] For the acquisition from him by purchase, lease or exchange, of any land which is needed for ihc purposes of a housing scheme or any interest in such land or for compensating the owners nf any such, right In respect of any deprivation thereof or interference therewith :

'[Provided that the previoua approval of the Administrator .-shall be obtained in case oFpurehase or exchange involving land worth more than fifty lakhs rupees or lease for inure than five years.]

(2) The Board may, from such date as the '[Administrator] may appoint by notification in this behalf, also take steps for .the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the Land Acquisition Act, 1394. as modified by this Act- and th* acquisition of any land or any interest therein For the purpose ofthis Act shall be deemed to LB acquisition for a public purpose within the meaning of thv Land Acquisition Act, 1894.

10. Bcttcrucnt charges. - ( l ) When by the making nfa housing scheme the value of any land in the area comprised in the scheme will, in the opinion of the Board he increased, the Board in framing the scheme may declare that Letterment charges shall be payable by the owner of the land ur any person having an interest therein in respect of the increase In value of the land from the execution Drth« scheme.

(2) Such increase in value shall bo 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 diarizes shall be 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.

(^Notwithstanding anything contained in subject ion (1) and (3), in respect of any land used for agricultural purposes at the time of the execution o f t h e • Substituted by Chd. Admn. Gst Notification dated 13-3-1975 nl pane 34-35 ~ "~

1. Substituted by Mr. Act No. 10 nf 1989 as extended to Ch&ndigorh published on 2-4-1991 500 Hnryana Mousing Roarri ACT, 1971 (AS (mended ro Chandigarh) schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only otter such land is used, or con­ verted for use for non agricultural purposes.

4L Notice io person liable for betterment charges, - (1) The Board shall give notice in the prescribed form to «ny person, who Is the owner of or fins 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 is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.

(3) Where the assessumiiL of buUcruieiil charges proposed by this Board is accepted by the person concerned within the period prescribed, the Assessment shall be final.

(4) If the person concerned does not accept the assessment proposed by the Boards the matter shall be referred to the Tribunal,

(5) The Tribunal shall, after holding an enquiry and after hear! ng the person concerned assess the amount of the betterment charges payable by the person.

Where this provision sits

ActThe Haryana Housing Board Act 1971 (as extended to Chandigarh)
Section38
Marginal noteSchemes entrusted to Board by YAdminlslralorj
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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