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Section 38

The Punjab Housing Development Board Act, 1972State Act of Punjab · Act 6 of 1973

(1) Whenever the Board is of opinion that it is necessary to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignments to be prescribed by the Board but that it is not necessary immediately to acquire all or any of the properties lying within the proposed improved alignments, the Board may frame a deferred street scheme prescribing an alignment on each side of the street and specify the time-limit for the execution of such scheme.

(2) A deferred street scheme shall provide for the following matters, namely,-

(a) the acquisition of the whole or any part of any property lying within the street alignments within the time-limit specified in the scheme which may be extended by the Board from time to time:

Provided that such time-limit including the extensions granted by the Board shall in no case exceed twenty years from the date of sanction of the scheme;

Deferred Street Scheme.

(b) the re-laying out of all or any such property including the construction and reconstruction of buildings by the Board or by any other person, and the formation and alignment of the street;

(c) the draining, water-supply and lighting of the streets so formed or altered.

(3) After a deferred street scheme has been sanctioned by the Board,

(a) no person shall, except with the written permission of the Board, erect, re-erect, add to or alter any building or wall so as to make the same project into specified alignment of the street;

(b) if the Board fails to acquire or to institute proceedings for the acquisition of any property within the specified alignment of any street and within the time-limit specified in the scheme or extended by it, the owner of such property may, at any time thereafter, give the Board notice requiring it to acquire the same or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice and thereupon the Board shall acquire, or institute such proceedings and acquire, the property accordingly, and if the Board fails to do so it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure;

(c) before proceeding to acquire any property lying within the specified alignment of the street other than property regarding which it has received a notice under clause (b), the Board shall give six months' notice to the owner of its intention to acquire such property;

(d) notwithstanding anything contained in the Punjab Municipal Act, 1911, the Town Improvement Act, 1922, the Punjab Development of Damaged Areas Act, 1951, the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, the Punjab New Capital (Periphery) Control Act, 1952, the Punjab Panchayat Samitis and Zila Parishads Act, 1961 and the Punjab Gram Panchayat Act, 1952, as amended from time to time, no Municipal Committee, Improvement Trust, Zila Parishad, Panchayat Samiti, Gram Panchayat or any other local authority shall have power to specify any alignment of the street within the limits of the deferred street scheme and any such alignment previously specified within such limits shall cease to be the alignment of the street.

Where this provision sits

ActThe Punjab Housing Development Board Act, 1972
Section38
JurisdictionState of Punjab
StatusIn force as published by the source

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