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Section 234

Procedure following approval of plan

of Land Code, 1958

State OrdinanceIn forceProvision 195 of 209
Section 234

—

(1)

(a) As soon as practicable after the plan referred to in section 231 has been approved or any requirement or condition imposed under section 232(2), the State Planning Authority shall notify the Superintendent (with a copy of such notification to the

Director) of any condition or requirement imposed under section 232(2), and the Secretary of the State Planning Authority or any other person authorized in that behalf by the Secretary shall sign the plan

(which shall hereinafter be referred to as “the approved plan”). Two copies of the approved plan shall be sent to the Superintendent who, on receipt thereof, shall notify the person who submitted the plan of its approval and supply him with a copy of the approved plan.

(b)

The State Planning Authority may, on application by the person who submitted the plan, revise or modify the approved plan on such terms and conditions as the Authority may deem fit and upon payment of the prescribed fees. The plan so revised or modified shall be the approved plan for the purposes of this Part.

(2)

The person whose plan had been approved may thereupon submit to the Superintendent—

(a)

ten copies of a sub-division plan in Form R, which shall be prepared by a qualified person and such plan must conform with the conditions and requirements stipulated in the approved plan;

(b)

five sets of engineering plan in Form S for the construction and completion of the roads, car parks, drains and other works stipulated in section 232(2), on the land.

(3)

Upon receipt of the engineering plan referred to in subsection (2)(b), the Superintendent shall forward the same to the

Director of Public Works or, if the land is within an area forming part of the area under the jurisdiction of a local authority which is a City

Administration or a Municipal Council, to the Engineer of such local authority, to make such examination or investigation as the Director or other authorized person may specify, and to draw up a report of such examination or investigation and forward it to the Director who, on being satisfied with the engineering plan, will approve the same.

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(4)

Upon acceptance of the sub-division plan referred to in subsection (2)(a), and the approval of the engineering plan under subsection (3), the person whose plans have been approved as aforesaid, shall cause the land to be surveyed by a registered surveyor and proceed to carry out the engineering works.

(5)

(a)

If the Superintendent approves the survey plan prepared pursuant to subsection (4), and the Director of Public Works or the local authority having jurisdiction over the area where the land is situated, as the case may be, certifies to him that all works required to be done under the engineering plan approved under subsection (3), have been completed, he shall forward the survey plan together with the approved plan, to the Director.

(b)

If the Director is satisfied that the engineering works, as carried out, conform to the approved plan, he shall direct:

(i)

the approved survey plan be deposited in the office of the Superintendent, and a copy thereof shall be sent by the

Superintendent to the Secretary of the State Planning Authority, and such deposit shall be conclusive evidence that the sub-division indicated therein has been approved in accordance with this Code; and

(ii)

the Superintendent to submit for his approval, terms and conditions for the surrender of any land required to be vested in the State and the grant of new titles in accordance with section 244.

(6)

All survey plans deposited under subsection 5(b)(i) shall be made available at all reasonable times for the inspection of any member of the public, who may make a copy thereof or take any extract therefrom upon payment of such fees as may be prescribed by the Director.