Deferred street scheme

Section 36 of the Goa Housing Board Act, 1968 deals with deferred street scheme. Whenever the Board is of opinion that it is necessary to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignment to be specified by the Board but that it is not necessary immediately to acquire all or any of the properties lying within

(1) Whenever the Board is of opinion that it is necessary to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignment to be specified by the Board but that it is not necessary immediately to acquire all or any of the properties lying within the proposed improved alignment, the Board may frame a deferred street scheme specifying an alignment on each side of the street and the time limit for the execution of such scheme.

(2) A deferred street scheme shall provide for all or any of the following matters, namely :- (a) the acquisition of the whole or any part of any property lying within the street alignment within the time limit specified in the Scheme which may be extended by the Board:

Provided that such time limit including the extensions granted by the Board shall in no case exceed twenty years from the date of sanction of this scheme;

(b) the re-laying out of all or any such property including the construction and reconstruction of building by the Board or by any other person and the formation and alignment of the street;

(c) the draining, water-supply and lighting of the streets so formed or altered.

(3) After a deferred street scheme has been sanctioned by the Board,- (a) no person shall, except with the written permission of the Board, erect, re- -erect, add to or alter any building or wall so as to make the same project into the specified alignment of the street;

(b) if the Board fails to acquire or to institute proceedings for the acquisition of any property within the specified alignment of any street and within the time limit specified in the scheme or extended by it, the owner of such property may, at any time thereafter, give the Board notice requiring it to acquire the same or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice and thereupon the Board shall acquire, or institute such proceedings and acquire, the property accordingly, and if the Board fails to do so, it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure;

(c) before instituting proceedings to acquire any property lying within a specified alignment of the street other than property regarding which it has received a notice under clause (b), the Board shall give six months' notice to the owner of its intention to acquire such property.

Section 36, The Goa Housing Board Act, 1968 (Act 12 of 1968).