Section Text
1956. XLV 011956.1 (6) calling upon the owncr far Ihc time-being, by wri~tcnnolicc, LO removc chc same within a lime (no1 being lcss ihan sixty days from h e dale olthc scrvjce ofdle nolicc) io be specihcd in ~ h said c nolice. (1 0) If h e Chairn~andoes not, within thirty days from thc rccejpl of an apflica~ionsubmiltcd under sub-section (8), grant or refuse rhc pcmission applicd Tor rhereundcr, such perniission shall be dcemed !o have k c n grantcd. ( I I ) If thc Chairman refuscs pcmission to any pcrson lo erecl, rc- erecl or add 10any wall or building as aforesaid which falls-
(i) wii11in rhc slrcel align~ncnt of a projected public streel, or witliin a projccted public piirk, or (ii) belween thc strect alignmcnl and [he building linc of a pmjectcd public street, the owncr of the land on which il was sought lo crccl, re-erect or add to such wall or building, may call upon thc Board, at any rime, within three monhs from the date of such relusal cilher-
(a) to pay him conipensation for any damage sustained by him in consequencc of such refusal. or (b) lo acquire so much of his land as falls within thc sueei alignment, or be~ween111esmcct alignmenr and thc building line ur wirhin lj~epark or spacc, as Ihe case may bc: and Ihc Board shall lhcrcupon- in case (a), makc lull compensa~ionro h e said owncr for any damage which hc may be found to have sustained in conscquence of such rcfusal, and in case (b), forthwjrh takc sleps to acquire thc said land: Provjded thar, in thc case of such land as falls within ihc street alignmcnt only, it shalt be optional wirh he Board to acquire [he sanlc in licu of paying compensation dlerefor.
(12) An appeal shall lic to [he Board fram any refusal by thc Section 64 - Chairman lo grant m appIicalion undcr his secuon Bomd [nay rcrcrrcd to in sub-scc~ion(1) of section 33, make plans for the proposed deplms for fulurc extension of lhe scwage disposal si tc showing by reference to thc cadasual ,,,,,ion , [ ... . survey map or otherwise, h e localion, arca, cxlcnr and configuralion of sfivw , . . disposal si~c. thc lands no1 immcdiatzly required For sewagc ucalment and disposal but likely to be so required in iuturc.
(2) The lands rererred to in sub-secdon (1) may fall wholly wirhoul he municipal limits of Howrah or partly within and p a d y without such limits as the Board may think fit. The Ho~sr~rlr l~rrpmven~errl Act. 1956. [West Ben. Act (3) Whcn the Board make a plan of a proposed exrznsion of d ~ e sewagc disposal site tllc provisions or sub-secdons (2) ro (6) of scclion 63 shall as far as practicable apply.
(4) Whcn ~ h cSrate Government s a n c ~ i o n swith or w i t h o u t modifica~iona proposcd extension of he sewagc disposal sire ir shall announce thc (act by notification. The publicar ion of such noti licauon shall be conclusive evidencc that thc plan has bccn duly madc and sanciioncd and the proposed extension of the sewage disposal siic to which such nolificarion rcrers shall bc deemed LO be a projccted scwngc disposal sitc.
(5) No ncw building or wnll sl~nllbc ercc~ednor any cxisling building re-crccrcd or addcd lo on any land within [he projected scwage disposal sile but the o\\mcr of the land on which jr wns sough[ LO crcci, re-erecr or add (0tl~cbuilding or wall may call upon thc Board at any time either-
(a) ro pay him compensation, or (b) LO acquire so much of his land as falls within the projccted scwage disposal sire, and thc Board s h d l lhereupon- in casc (a), pay reasonable cornpensalion l o ~ h owner, c and in casc (b), Forthwith lake stcps 10acquifc the land. Vistinp in 'Il~toivralr