Sec 334 to 338 Chapter XIX (Improvement) The New Delhi Municipal Council Act, 1994

Sec 334 to 338 Chapter XIX (Improvement) The New Delhi Municipal Council Act, 1994

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334.  Improvement scheme.—

Where the Chairperson upon information in his possession is satisfied as respects any area—

(a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and

(b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.

335. Matters to be provided for in an improvement scheme.—

(1) An improvement scheme may provide for all or any of the following matters, namely:—

(a) the acquisition by agreement or under the Land Acquisition Act, 1894 (1 of 1894), of any property necessary for or affected by the execution of the scheme;

(b) the relaying out of any land comprised in the scheme;

(c) the redistribution of sites belonging to owners of property comprised in the scheme;

(d) the closure or demolition of buildings or portions of buildings unfit for human habitation;

(e) the demolition of obstructive buildings or portions thereof;

(f) the construction and reconstruction of buildings;

(g) the construction and alteration of streets;

(h) the water supply, street lighting, electric supply, drainage and other conveniences;

(i) the provision of open spaces for the benefit of any area comprised in the scheme;

(j) the sanitary arrangements required for the area comprised in the scheme;

(k) the provision of accommodation for any class of the inhabitants;

(l) the provision of facilities for communication;

(m) the sale, letting or exchange of any property comprised in the scheme;

(n) any other matter for which, in the opinion of the Chairperson it is expedient to make provision with a view to the improvement of the area to which the scheme relates.

(2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the Central Government under sub-section (2) of section 336 the land is not acquired by the Chairperson, the owner of the land may serve on the Chairperson a notice requiring his interest in the land to be so acquired.

(3) If the Chairperson fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Chairperson or were not required to be kept as an open space.

336. Submission of improvement scheme to the Council for approval and to the Central Government for sanction.—

(1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Chairperson for approval to the Council and the Council may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Chairperson to have a fresh scheme framed according to such directions.

(2) No improvement scheme approved by the Council under sub-section (1) shall be valid unless it has been sanctioned by the Central Government.

337. Rehousing scheme.—

The Chairperson while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such area and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.

338. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.—

No improvement scheme or rehousing scheme framed under this Chapter shall be valid unless such scheme is in conformity with the provisions of the master plan for Delhi or a zonal development plan for New Delhi or any part thereof.

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