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Section 97

The Sikkim Urban and Regional Planning and Development Act,1998State Act of Sikkim · Act 7 of 1998

(1) Every public notice given under this Act or rules or regulations made • thereunder shall be in writing under the signature of such officer as may be authorised in this behalf by the Board, or the Authority and shall be widely made known in the locality to be affected there by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and such other means which such authorised officer may consider fit~

(2) Where any notice, order or other document issued or made under the Act or any rule or regulation made thereunder, requires anything to be done for the doing of which no time is fixed in this Act or rule or regulation made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.

98. All permissions, orders, decisions, notices and other documents of the Chief Town Planner; the Board,' or the Authority shall be authenticated by the signature of such officer as may be authorised by the Chief Town Planner or the Board or the Authority, as the case may be, in this behalf.

99. A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or the Authority, if duiy certified by legal . keeper thereof or other person authorised by the Board, or the Authority shall be received as prima facie evidence of the matters and transactions therein recorded in every case where, and to the same extent as the original entry or document WOUld, if produced, have been admissible to prove such matters.

100. No Chairperson, Vice-Chairperson, member or officer or servant of the Board or the Authority shall in any legal proceedings to which the Board or the Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.

101. Any agency charged with the duty of supplying electric energy to buildings or installations within a development area, shall not give electric connection and any agency charged with the duty of supplying water and rendering such other services to buildings or installations in a development area shall not give water connection or render such other services to any newly constructed building or convert to permanent domestic use any connection already taken unless the application for such connection is accompanied by a no-objection certificate from the concerned Authority.

102 (1) Whenever any building or any street, square or other land, or any part thereof, which is situated within any development area and is vested in any local 45 development of land or building vested in local authority.

Restriction on power of a local authority tomake rules, regulations or bye-laws in respect of certain matters.

Power of authority is required for the purposes of development by the Authority, it shall give notice accordinqly to the,Executive Officer of the concerned local authority, and such building, street, square, other land or part thereof, shall, notwithstanding anything contained in the law under which the said local authority is constituted, thereupon vest in the Authority.

(2), Where any property vests in the Authority under sub-section (1) and tile Authority makes a declaration that such property shall be retained by it for a period to be specified in the declaration, the property shall, on the expiration of said period, revert to the local authcrity.

(3) Where a declaration is made under sub-section (2), no compensation shall be payable by the Authority to the concerned local authority in respect of the property so vested in the Authority.

(4) Where any land or building vests in the Authority under sub-section (1) and no declaration is made under sub-section (2) in respect of the land or the building, the Authority shall pay to the local authority concerned as compensation a sum equal to' the market value of such land or building as on the date of notice under SUb-section ., "(1) :

Provided that the land of equal market value may be given in exchange, or lieu of compensation.

(5) If, in any case, where the Authority has made a declaration in respect of any land under sub-section (2) and 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 Authority shall pay to the concerned local authority compensation in respect of such land in accordance with the provisions of sub-secion (3).

(6) If any question or dispute arises -

(a) as to whether compensation is payable under sub-section (3) or subsection (4); or

(b) as to the amount of compensation paid or proposed to be paid under sub-section (3) or sub-section (4); or

(c) as to whether any building or street, or a square or other land or any part thereof is required for the purposes of development by tl1e Authority;

the matter shall be referred to the Government whose decision thereon shall be final.

Where this provision sits

ActThe Sikkim Urban and Regional Planning and Development Act,1998
Section97
JurisdictionState of Sikkim
StatusIn force as published by the source

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