Schedule of The Orissa Town Planning and Improvement Trust Act, 1956 — Schedule

(Referred to in Section 64) Further modifications in the Land Acquisition Act, 1894 1. After Clause (e) of Section 3 of the Land Acquisition Act, 1 of 1894 (hereinafter in the Schedule referred to as "the said Act"), the following clause shall be deemed to be inserted, namely: "(ee) the expression 'Local authority' includes the Improvement Trust; and the Special Planning authority constituted under Sections 7 and 80 respectively of the Orissa Town Planning and Improvement Trust Act, 1956". 2. (1) The first publication of a notice of an improvement scheme under Section 45 of the Orissa Town Planning and Improvement Trusts Act, 1956 (Orissa Act 10 of 1957) shall be substituted for and have the same effect as the publication in the Gazette and in the locality of a Notification under Sub-section (1) of Section 4 of the said Act, except where a Notification under Sub-section (1) of Section 4 or a declaration under Section 6 of the said Act has been previously made and is in force.

1. (2)Proceedings under Section 45 of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) shall be substituted for and have the same effect as proceedings under Section 5-A of the said Act.
2. (3)Subject to the provisions of paragraphs 6 and 7 of this Schedule, the issue of a notice under Clause (c) of Sub-section (3) of Section 39 of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) in the case of land proposed to be acquired in pursuance of that clause, and in any other case the publication of a Notification under Section 47 of that Act shall be substituted for and have the same effect as a declaration under Section 6 of the said Act, except where a declaration under the last mentioned section has been previously made and is in force. 3. In Section 15 of the said Act, to the word and figures "and 24", the figures, words and letter "and 24-A as inserted by this Act in this Schedule" shall be deemed to be added. 4. In Sub-section (3) of Section 17 of the said Act to the word and figures "Section 24", the words, figures and letter "or Section 24-A as inserted by this Act in this Schedule" shall be deemed to be-added. 5. After Section 17 of the said Act, the following section shall be deemed to be inserted, namely: "17-A. Transfer of land to Planning authority - In every case referred to in Section 16 or Section 17, the Collector shall upon payment of the cost of acquisition, make over the charge of the land to the Planning authority and the land shall thereupon vest in the said authority, subject to the liability of the said authority to pay any further costs which may be incurred on account of its acquisition." 6. (1) In Sub-section (1) of Section 23 of the said Act, for clauses "firstly" and "sixthly" the following clauses shall respectively be deemed to be substituted, namely : "firstly, the market value of the land according to use to which the land was put -
   1. (a)the date of the issue of the notice under Clause (c) of Sub-section (3) of Section 39 of the Orissa Town Planning and Improvement Trust Act, 1956, in case the land is proposed to be acquired in pursuance of that clause; and
   2. (b)at the date of the first publication of the notice under Section 45 of that Act, in any other case"; "sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the date referred to in paragraph (a) or paragraph (b), as the case may be, of clause firstly, and the date on which the Collector takes possession of the land".
3. (2)In the same section, to Sub-section (2), the following proviso shall be deemed to be added, namely: "Provided that the sub-section shall not apply, (a) where the land acquired is situated in an area which is declared by the State Government to be a congested or slum area, and where it is not actually occupied by the owner, (to) where during the five years immediately preceding, the land is not in the actual possession of the owner or occupier free of rent by a relative, or (c) where the land is acquired under deferred street scheme and notice of six months have been given under the provisions of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957)".
4. (3)In the same section, after Sub-section (2), the following sub-section shall be deemed to be added, namely: "(3) For the purpose of clause firstly of Sub-section (1) of this section-
   1. (a)if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as the case may be due to such cause, shall be disregarded :
   2. (b)if any person, otherwise than in accordance with the provisions of this Act, erects, re-erects, adds to or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;
   3. (c)if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market of the land if put to ordinary use;
   4. (d)if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk or danger from overcrowding: Provided that the provision of this clause shall not apply in the case of a building which is in the actual occupation of the owner during the previous five years.
   5. (e)when the owner of the land has, after passing of this Act and within two years preceding the date with reference to which the market value is to be determined, made a return under Section 143 of the Orissa. Municipal Act, XXIII of 1950 as to the rent or annual value of the land or building or acquiesced in the valuation made by the Executive Officer of the Municipality, such rent or annual value finally determined shall, unless the Court may otherwise direct, be taken as the basis of fixing the market value." 7. For clause seventhly of Section 24 of the said Act, the following Clause shall be deemed to be substituted, namely: ; . "seventhly, and outlay on additions or improvements to land acquired which was incurred after the date with reference to which the market value is to be determined, unless such additions or improvements were necessary for the maintenance of any building in a proper state or repairs and unless they have been done after obtaining the permission of the competent authority in accordance with the provision of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957)". 8. After Section 24 of the said Act, the following section shall be deemed to be inserted, namely: "24-A. Further provision determining compensation - In determining the amount to be awarded for any land acquired for the Planning authority under this Act, regard shall also be had to the following provisions, namely:
5. (1)When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value as to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land.
6. (2)If, in the opinion of the Court, any building is in a defective state from a sanitary point of view or is not in a reasonably good state of repair, the amount of compensation shall not exceed the sum which the Court considers the building would be worth if it were put into a sanitary condition or into a reasonably good state of repair, as the case may be, minus the estimated cost of putting it into such condition or state.
7. (3)If, in the opinion of the Court, any building which is used or is intended or is likely to be used for human habitation, is not reasonably of being made fit for human habitation, the amount of compensation shall not exceed the value of the materials of the building, minus the cost of demolishing the building." 9. After Section 48 of the said Act, the following section shall be deemed to be inserted, namely: "48-A. Compensation to be awarded when land not acquired within two years - (1) Where the Collector has not made an award under Section 11 in respect of any land within a period of two years from the date of the publication of the declaration under Section 6 or of the issue of a notice under Clause (c) of Sub-section (3) of Section 39 of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) or of the publication of a Notification under Section 47 of that Act, as the case may be, the owner of the land shall, unless he has been responsible for the delay to a material extent, be entitled to receive compensation for the damage suffered by him in consequence of the delay.
8. (2)The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section."