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Section 59: Traitsfer of firivate street or sqorzre to Board for fturftos of Iwusing or improvement sthc;ne.

The Kerala State Housing Board Act 1971State Act of Kerala · Act 19 of 1971

_-(l) Whenever any private street or scjuarc or part thereof, which is not vested in thô Board- or in a local authority is required for cxccutin. any housing or ilnprovernentschieine, the Board shall cause to he affixed in a conspicuous place in or near such street or square or part, a notice signed by the Sicrctary and stating the purpose for which the street or square or part thirc of is.icquird, •and declaring that the Board' will, on or aftcr a date to be specified in the notice, take over charge of such street or square or part, from the owisr thereof, and shall siniultaheously send a copy of such notice to the owicr of such strcet or square or part.

() After considering the objectiom, if any, rcccicd in writing before thedate spccificcl udct clause (b) of sub-section (1), the Board may takc over charge of such street or square Or part, and the Sante shah there upon J3 vcs* iii the oat'd:

When the Boat- d4litas or closes any private street Cr square or reof which has Vested in it uc1er oubsection (2). it shall' pily Ic compensation to the previous owner for the loss of his rights If the alteration or closing of' any such Street or Square or pan niagc or substantial. inccnvcnidnce to owiiei's of Property adjacent )r to residents iu the neighbourhood, the Board slnill forthwith )mc othir rcasonal,le illca,1s of access for the USC of persons who tIed to use such street or sepiare or part as a means pt acdess to any or place ud if the provision of such means Of' access does not y COmpcnsate. any such ownci' or resident for suCIA damage 01' ence, the Board shall also pay him reasonable compcnsaeiori, aT to aPPlication of ceridin laws of a local au(/lor?y 'regarding clostire,--.J, of the rovisionsof the Kerala Municipal Corporations Act, 1961 ,f 1961 the Keral i MUnicip-ihitic- Act, 1 960 (Act 14 of 1961), :ci'aI. PanchayaO Act,, 19,60 (Act 32.o.f 1960), as relate to main- • rcpairs of public streets, closurc of public streets or parts tllcrcof, i/B.

3741580/2019/OS-HOUSING 179 26 divet'tuig a' I urn ilig pubi te StieCtS Or parts thereoCanct to CtLSpOs'41 of' the l',tttd winch 1.5 00 lOilgel' req to "ccl \V11CJj any public Street is I)t'ivaneilt1y closed, shall not apply lu any street Wich is vesed in the Board.

(2) Such of the provisions of tiLe Cuitetnieflis speclied in sl)seCUQn

(1) as relate to tcinpotai'y closttre or streets, ])rccautions dw'ing L'LJ)t11I'5 91 I streetS and pi'OSCCLU iOn against reulc)visl O l)itL'S Wd ligths sludi not apply to the Board when any drain or premises vested iti the local aittiiority is opened or l)l'UkciL ho h\' the Board or any 1)hLbC sneer is under constructoit by the Buat'd, 61 161111irl of .1r(s cs(cij in 1/je Board. - -' Whiceyei' the Itoai'c[ allovy4 jiijy Street vtpd iii it (0 be LISCCI for puI)IiC n'auflc, it shall lceep the Street i. good repair ancdo all tlung.s necessary iot' the sa1i1y and convenience 01' persOtS uniiig. it, 62 'Jrwisjiiin ,,irn'/i laid ota or (tl(cfd and open sp(tccs pioiiidd tty Me 11 110(11(1 uitdi (I /lOI(iS1t 01 (lii impt(weln ent sc/ienie'—(1 ) The lloarct may Itançl Over any toad or sireet to thin local au.thoi'ty conce'ued after giving. pup 1UOt1thL'S nOtice, wliciii ' '

(a) any sitcit road or street laid out 01' alt'ed by the 13oarcl has l,eett duly levelled, metalied, flagged, chaundlcd, seyet'ed and drainect iii the tnaiwei' j)I'OVidled ill tite scheme snucuonect by the Boai'd or the Oovet'nninnt tiitcjct' s(Cti01i 14.

(h) latiij pt)StS ticcessary for the liglidjig of such slWet lowe l)een provided by the Board and

(c) walni' and other .sai(itai'y COnVCLlieRccS have been clitly ploYldedi it such Streets, The local authority concerned may, alter l'cecivtng tltc flOtiCC iI'oni the Board ittidei' sub-section (1), declare the street to be a pu.bli sheet ; and the Street shall til(t'ciIpon vest in NO local authority ; ancL.shal thencc'loi'dt hi; ,tntintatttcct, kept in repair, lighted and cleattscd hy the iuctl attiliut'ity.

\Vliett arty Open space lot' the put'puses ol VetO ihihiOti or i'cct'cadOit mis been pt'ovided by the lloitt'(j in tlXeciitilg art)' hOusing Or ittfit'OyQiileItt sefteitie, -ii'-. shall, oil co'npleuou, be 1 t'ajlsferTcd to the local authority Coilcerited by a l'esoltttion of the l3oai'd and it Oiall thet'eupon vest in the local itUtlLOt'i iy cortcet'ned and t hei'eaute' he ianiittaittcd by that Jocal ito tftoi'ity its I 15 cpC1lSe

Provided that the local authority Lila)' i'eqtihl'e thtc Board bd'orc any such opeit space is so ti'anskri'ect to enclose, level, turf,, drain and layout such spitce arid provide loot-path therein , aurt if' necessary to pt'ovide lamps and other apparatus IN light iug it.

It' any dtfl'ctettce of Optmolt arises lictwCon dte Buat'd and tlç joe -al ituthtority III respect Of any in-aLter i'elèi'rcd to in tito. forgoing pt'ovisioi1s of' this Section, the mattci' shalt be referred t') the Ooyer1inent whose dcci8iort shall be final, * 3741580/2019/OS-HOUSING 180 27 I'- 63 Prcvnijou or restriction of traffic in ctreqt vested in the Board, dining progress of work.----.( I ) When aity work which may lawRilly be done is being executed by the II oatd in any st rect vcstod in it, the Board may dircct that such stiect shall during the progress of such work, be either wholly ci' partially closed to traulic generally or to ti-atTic ni any specilied. description.

(2) When any such clirccticni has beoti givcn , the Boa ri shall set up in a conspicuous positioh in or itear 1 lie strec I an oider prohibiting traffic to the extent so directed, and fist such bars, clia iris, or posts across or ill the street as it may thhi k proper for preventing or restricting traffic therein.

- 64. Piovis ion of fiicifiiies when work is e.veculed hi' the 1/card in public sirecir vetted in it..—( 1) When any work is being executed by the Board ill any pllic street vested in it, the Board shall, so far as may reasonably be practicable, makc adequate provision for- -- the passage or diversion o1 traffic eS securing accs to all premises approached from such street ; and any drainage, water supply, or means of lighting which is -. interrupted by reason of the execution of the work.

(2) '1. 4hc Board shall pay reasonable compensation 10 any persOn who sustains special clitmage by reason of the execution oI any such work.

65. l'oWer of Ehe. IJOärd to turn or close pith ftc s/reel or squate tested in (I.) The Board may----.

- (a) turn, divert, discontinue the public use of, or pcinitneiitly close any, public Street Vegted - in it or any part thereof ; or

(b) direOntitiuc the public use of; or permanently c1o.se any public vested in: it or any pail thicoi.

() Whendver ihBrdtlisontinucs the ptblic use of or permanently cldtet an' ptiblic strect eted in it or any part thCrcof, it shall pay reasonailc. .compenatiori to every person who was cntiticd, nthcrwic than as a miilcr Of:thc public, to use such street or part as means of access, and ha stI!Thrcd d artlagc from -such diScon tinuanccor closing.

I (j3) Whicnevr the Board disc.ont ucs the public use ol Or pe 'manently loLcs; my public sqUai vc',t( d Ut it ot my pat t thii cot, it shtll pay rcsoiablb cOmpensation to ever) person who was cntjticcl, otheiwicc than t xieinber- of the publIc, to use such square Is a means -or () When any public Strect or square vested in the Boa,d, or any part hdrcdf, is permanentiy closed undôr sub sect ion (I), the Board, may si:hl or 14c$o much of the tame as is no longer required.

• Power of the l3twrd to )-plain lanes not meant for vehicular twi;thstancling auything contained in seCtion 64, the Board may retain any an nht mcantfOr vchiouiav -traffic and 'may enter into an agreement with he1 loal authority concerned or any other person For the supervision, -eprir i lighting and general managemcnt of any laric So retanied, 3741580/2019/OS-HOUSING 181 28 1

Where this provision sits

ActThe Kerala State Housing Board Act 1971
Section59
Marginal noteTraitsfer of firivate street or sqorzre to Board for fturftos of Iwusing or improvement sthc;ne.
JurisdictionState of Kerala
StatusIn force as published by the source

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