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Section 31

The Hyderabad Metropolitan Development Authority Act, 2008.State Act of Telangana · Act 8 of 2008

(1) If the Metropolitan Development Authority, after holding enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land or layout or colony has not been provided to such a land or layout or colony which in the opinion of the Metropolitan Development Authority is to be provided as per development specifications, or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may serve upon the owner of such land or his successor-in-interest, or upon the person providing, or responsible for providing the amenity, a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.

(2) If any amenity is not provided or any such development is not carried out within the time specified in the notice, the Metropolitan Development Authority may itself undertake to provide the amenity or carry out the development or have it carried out through such agency as it deems fit and recover all expenses incurred with a penalty Publication of area development plan/development scheme and approval.

Power of the Metropolitan Development Authority in case of default.

[Act No.8 of 2008] 39 as decided by the Metropolitan Development Authority together from such owner of the land or his successor-ininterest, or upon the person providing, or responsible for providing the amenity and in case of failure to pay as per demand notice, recover the same as arrears of land revenue.

(3) If the Metropolitan Development Authority, after holding an enquiry or upon report from any of its officers or other information in its possession, is satisfied that the concerned local authority or functional department or agency has not taken steps and action for implementation of the Action Plan or Scheme or project in the given time, it may require an officer or any other public/private agency to complete the same and the expenses so incurred shall be recoverable from the concerned local authority or functional department or agency concerned.

CHAPTER VI ACQUISITION, ASSEMBLY AND DISPOSAL OF LANDS

32. Any land required, reserved or designated in the Metropolitan Development Plan and Investment Plan or a Development Scheme or a Land Pooling Layout Scheme shall be deemed to be land needed for a public purpose within the meaning of the 20Land Acquisition Act, 1894 and may be acquired by the Government on request by the Metropolitan Development Authority or local authority or other authority.

33. The Government by order and on such terms and conditions as may be agreed upon between the Government and the Metropolitan Development Authority, place at the disposal of the Metropolitan Development

20. See also the relevant provision in the Right to Fair Compensation and Transparency in Land Acqusition and Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013).

Power to acquire land under the Land Acquisition Act, 1894.

Transfer of Government lands to the Metropolitan Development Authority.

Central Act 1 of 1894.

40 [Act No.8 of 2008] Authority any developed and undeveloped Government lands situated within the jurisdiction of the Metropolitan Development Authority or from the State's Land Bank for the purpose of development in accordance with the provisions of this Act.

34. The Metropolitan Development Authority may acquire land by agreement by paying such amount as may be arrived at through negotiated settlement in such manner as may be prescribed under regulations.

35. The Metropolitan Development Authority or the local authority may, with the consent of the owner, acquire land for public purposes by way of according transferable development right through issue of Development Right Certificate in lieu of payment towards cost of land in such manner as may be prescribed:

Provided that the transferable development right may be arrived at on the basis of relative land value and equivalent amount of both export and import areas as per the Registration Department records. Such Transferable Development Right may be utilized as additional built space by the owner who can use this either by himself or transfer it to any other person in full or in part for use in a less developed area as prescribed.

36. The Metropolitan Development Authority or the local authority may, with the consent of the owner and in the manner prescribed, acquire land and built up space for public purposes, indicated in the statutory Development Plan, by permitting an equivalent built up space in addition to built up space required for the amenity or facility, in lieu of the cost of land and the built up space for the amenity transferred to the Metropolitan Development Authority or local authority.

Acquisition of land by way of Negotiated Settlement.

Acquisition of land by way of Transferable Development Right.

Acquisition of land and built up space by way of Accommodation Reservation.

[Act No.8 of 2008] 41

37. The disposal of any land acquired by the Government and transferred to the Metropolitan Development Authority with or without development thereon or any other immovable property belonging to the Metropolitan Development Authority shall be done in accordance with regulations made for the purpose in this behalf.

38. The Metropolitan Development Authority shall create and maintain a metropolitan land development bank, in which all lands acquired, allotted, purchased, obtained, etc., shall be monitored and maintained and position reviewed periodically.

CHAPTER VII FINANCE, ACCOUNTS, BUDGET AND AUDIT

Where this provision sits

ActThe Hyderabad Metropolitan Development Authority Act, 2008.
Section31
JurisdictionState of Telangana
StatusIn force as published by the source

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