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Section 46

The Haryana Town Improvement Act, 2008 (36 of 2008)State Act of Haryana · Act 36 of 2008

(1) The State Government shall notify the sanction of every scheme under this Act, and the trust shall forthwith proceed to execute such scheme, provided that it is not a deferred street scheme, development scheme or expansion scheme and provided further that the requirements of section 31 have been fulfilled.

(2) A notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned :

Provided that no notification in respect of sanction of a scheme shall be issued after the expiry of the three years from the date of publication of notice relating to that scheme under section 40.

47. The trust, with the prior approval of the State Government, may make minor alteration/adjustment in the scheme necessitated during the execution due to bonafide technical errors in surveys and not affecting the original character of the scheme. A scheme under this Act may be altered by the trust at any time between its sanction by the State Government and its execution with prior approval of the State Government :

Provided as follows —

(a) if any alteration is estimated to increase the estimated net cost of executing a scheme by twenty per cent of such cost, such alteration shall not be made without the prior approval of the State Government;

(b) if any alteration involves the acquisition, otherwise than by agreement of any land, the acquisition of which has not been sanctioned by the State Government, the Power to sanction, reject or return scheme.

Notification of sanction of scheme.

Alteration of scheme after sanction.

������ ���� � ��� �TOWN IMPROVEMENT ��� procedure laid down in the foregoing sections of this chapter shall, so far as applicable, be followed as if the alteration were a separate scheme.

48. Whenever the State Government is satisfied that the scheme already sanctioned by it should be dropped or its purpose changed in the public interest, it may, suo motu or on the representation made to it by the trust in this behalf, drop such scheme or change its purpose by an order in writing.

49. Any number of localities in respect of which the trust has framed or has proposed to frame schemes under this Act may, at any time, be included in one combined scheme.

50. Any scheme in respect of which a notification has been published under section 46, shall be executed by the trust within a period of five years from the date of such notification:

Provided that the State Government may, if it is satisfied that it is beyond the control of the trust to execute the scheme within the said period, extend the same as it may deem fit.

CHAPTER V POWERS AND DUTIES OF THE TRUST WHERE A SCHEME HAS BEEN SANCTIONED

51. Whenever any building, or any street or other land, or any part thereof which is vested in the committee is required for executing any scheme under this Act, the trust shall give notice accordingly to the president of the committee, and such building, street, land or part thereof shall thereupon vest in the trust, subject to the payment to the committee of such sum as may be required to compensate it for actual loss resulting from the transfer of any building to the trust or to share the sale proceeds with committee as mentioned in section 32.

Where this provision sits

ActThe Haryana Town Improvement Act, 2008 (36 of 2008)
Section46
JurisdictionState of Haryana
StatusIn force as published by the source

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