Outline Programme and Improvement Schemes
Transfer to authority for purposes of improvement scheme of building or land vested in a [Corporation, etc.]
39. (1) Whenever any building, or any street, square or other land, or any part thereof, which-
(a) is situated in the Municipality and is vested in Corporation, or
(b) is situated in any part of the [Zilla Parishad or any Union Parishad] in which this Ordinance is for the time being in force, and is vested [in that Zilla or Union Parishad],
is within the area of any improvement or development scheme or re-housing scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the [Mayor of the Corporation or to the Chairman of the Zilla Parishad or of the Union Parishad], and such building, street, square, other land or part, shall thereupon vest in the Authority.
(2) Where any street or square, or any part thereof vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the [Corporation, the Zilla or the Union Parishad], in respect of such street, square or part.
(3) Where any land, not being street or square, vests in the Authority under sub-section (1), compensation in respect of such land shall not be payable by the Authority except to the [Zilla or the Union Parishad], as the case may be.
(4) Where any building vests in the Authority under sub-section (1), compensation for such building shall be payable by the Authority to the [Corporation, the Zilla or the Union Parishad], as the case may be.
(5) If any question or dispute arises-
(a) whether compensation is payable under any of the sub-sections (3) and (4), or
(b) as to the amount of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or
(c) whether any building or street, or square or other land, or any part thereof is required for the purpose of the scheme,
the matter shall be referred to the Government whose decision shall be final.
Explanation.- For the purposes of this section, “Building” means only the structure, and does not include any land other than the land on which it actually stands; and “Compensation” means a sum equal to the market value of the land or building on the date of the service of the notice under sub-section (1).
