(1) The officer holding an inquiry into a disputed ownership of fand under seclion 71 shall, while the inquiry is proceeding, record a minute of the proceedings including the material averments madggby the parties interested, the material parls ol the evidence, the decision and the reasons for the decision. ~ He shali commence the inquiry within one month oi the date of his appointment under sub-secliou (1) of section 71, and complete it as far as pracicable within three months irom the date of commencement of such’ inquiry. - 32 Maharashira Regional and Town Planning Act, 1966
(2) Such inquiry shail be held in public and seven days’ notice ol the inquiry shall be given to the parties lo the dispute.
10, Qualifications of Arbitrator appcinted under section 72.—A peison {o be appointed as Arbiltrator under sub-section (/) of section 72 shall possess al leasl one of the foliowing qualifications, namely : —
(a) A degree in Town Planning or Eslate Management trom any University recognised by (he Stale Government in this behall, and experience of al least 2 years in town planning or valuation of laids and buildings or estate management; or
(b) A diploma in Town Planning or Vaivalion of lands and buildings or Estate Management from any Insfitutc rccognised by the State Gevernment mn tus behali, and experience of at least 2 ycars in ithe town planning, valualion of lands and buildings or eslate management ; or (¢) A degree in Civil Engineering or a degree or diploma in AArchitec- _-ture or-any-otherqualification which in the cpinion of the Staie Government is equivalent to such degree or diploma, and practical experience-- of not less {han 4 years in town plafning or valualion of lands and buildings, or in both. =
1. Appoulment of Acbitruior {o be nolified —The State Governmenl shall notly in the Official Gazelte, the appointment of the Arbitrator made und:.
sectivn 72 and siall jorward a copy of (lic nolificalion to the Planiing Authority concertied. The Planning Authonity shall, immediately on recciving a copy of such nolification, post 1t up at the office of the Pianning Authority, and in some prominent places in the area within its jurisdiction.
o 12, Assislaree by Plantung Aulhority.—The Planning Auihorily shall render ali reasonable assistance to the Arbitiator and shall ailow him. to cnalaninu Ircely all papers, documents and plans connecled with the schere.
13, Procedure to be followed by Aroitraior under sub-section (3) a’ seclior: 72.—(1) The Arbitrator shall publish a notice in the Official Gazelic, and also in one or more local newspapers '[laving wide circulation] of the date on which he wiii commetce his duties, and shall state therein, the time limit of sixty days within which the owner of any property or right which is injuriously afiected by the making of the scheme shall be entilled under scction 102 (o make a claim for compensation before him. Such notice shall be posled in prominent places at or near the area comprised in the scheme, and at the offices of the Arbitratorgnd of the Planning Authorily.
(2) The Arbitrator shall, after the dale fixed in the notice giventunder sub-rule (1), carry on his duties, as far as possible, on working days and during working hours. '
(3) Belore proceeding to deal in defail with any land, building or plot or any other particutar included in the draft scheme to be dealt with, the Arbitrator shail serye a special nolice of at least three clear days upon every person interested in such land; building or any such - particular. Such special notice shall also be posted at the office of the Arbitrator. Such nolice shall be given in Form 4. Q.
T Added, by G. N, of 4-12-1976, . Maharasitra Regional and Tows Planning Act, 1965 33
(4) The Arbitrator shall give all persons interested in any plot or plots aflected by any particular proposal of the draft scheme, sufficient oppors tunity of being heard, and stating their objections or suggestions and shall :not give any decision till he has duly considered their representations, il any.
(5) Thc Arbilrator shall record a brief minute selting out the points al issue, and the necessary particulars, and shall give a decision with reasons therefor. All such minutes shall form part of the scheme.
(6) The Arbitrator shall record and cnler in the scheme every decision given by him under the relevant clause of sub-section (3) of section 72.
. (7) The final scheme drawn up by the Arbitrator shall include the parti- = cular'specified in rule 6. .
(8) The component parts of the scheme shali be so arranged that tley (& may oe readily referred to in connection with the map,and plans forming part of the scheme.
(9) The Arbitralor shall publish the final scheme drawn up by him by keeping a copy (hereol openfor the inspection of the public during office hours athis office, and also at the head office ol the Planning Authorily. te shall also publish a notice in the Official Gazetle and jn one-or more local .
newspapers of such publication of the final scheme drawn up by him. The Arbitrator shall communicate in Form 5 the decision taken by him in respecl of each plot to the owner or person interested. The Arbitrator shall aiso inform the President of the Tribunal about the publication of the final scheme by him, .