Powers of the Board to frame and implement the Scheme

Section 3 of Bihar Urban Planning and Development Act, 2012 deals with powers of the Board to frame and implement the Scheme. Subject to the provision of this Act and subject to the approval of the State Government, notwithstanding the provisions made under Chapter-IX of the Bihar State Housing Board Act, 1982 or any other law to the contrary to the provisions of this Act, the Board shall frame schemes for settlement of ac

Subject to the provision of this Act and subject to the approval of the State Government, notwithstanding the provisions made under Chapter-IX of the Bihar State Housing Board Act, 1982 or any other law to the contrary to the provisions of this Act, the Board shall frame schemes for settlement of acquired land in favour of unauthorised occupants by making formal allotment of the area under the unauthorised occupation to the respective occupant on such terms and conditions which the Board may consider proper and just to enforce and implement the same, Provided that the Board shall also determine the settlement charges and ex-gratia amount with the prior approval of the Government, Provided further that while framing any scheme the Board shall, without prejudice to its right to recover cost of acquisition of land including payment of interest and development charges, also consider the following criteria:

(a) The Board in the interest of revenue and in the interest of unauthorised occupants may settle the land to those person/ persons who are in possession, by making construction of dwelling houses or commercial buildings.

(b) The Board may also consider interest of erstwhile land owners or their transferees who have remained deprived of the compensation amount by not receiving the same under protest and the low market value of the acquired land which prevailed on the date of notification under section-4 of the Land Acquisition Act for payment of ex-gratia amount.

(c) The Board shall be entitled to determine settlement charge in favour of unauthorised occupants and take into consideration factors such as cost of acquisition, interest on loan, development charges, ex-gratia amount likely to be paid to the erstwhile landowners or their transferees and refund of deposits with interest made by allotees/ applicants etc.

Provided that the Board shall also consider equity and human aspect of such unauthorised occupants who have constructed their houses and are in uninterrupted occupation for many years, Provided further that the Board may realise settlement charges in one lump sum or in a few installments.

(d) The Board shall for such settlement realise settlement charge from the person/persons who are in such possession and desire for settlement by submitting the duly filled form as approved by the Board in the said regard.

(e) The Board while determining ex-gratia amount to erstwhile landowners or transferees may take into consideration the money which is likely to be realised on settlement of land in favour or unauthorised occupants.

(f) The Board shall have the right to reject unauthorised occupants who do not turn up in response to the notice made in two local newspapers published from Patna within sixty days of such notice to accept the scheme and pay settlement charges as determined by the Board and in the eventuality of ejectment, the land together with all structures shall vest in the Board absolutely free from any encumbrance and the Board may settle the same to any other for housing or any other public purpose in the manner as it may deem fit and proper.

(g) In case of failure of the unauthorised occupant or the erstwhile land owner/ transferees from the erstwhile land owners to respond to the notice made by the Board, for whatsoever reason, within 60 (sixty) days there from, they shall cease to have any claim over settlement/ ex-gratia amount.

Section 3, Bihar Urban Planning and Development Act, 2012 (Act 20 of 2012).