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Powers of Local Government Board in case of default of local authority to make or execute town planning scheme.
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61.—(1) If the Local Government Board are satisfied on any representation, after holding a public local inquiry, that a local authority—
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(a) have failed to take the requisite steps for having a satisfactory town planning scheme prepared and approved in a case where a town planning scheme ought to be made; or
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(b) have failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted; or
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(c) have unreasonably refused to consent to any modifications or conditions imposed by the Board;
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the Board may, as the case requires, order the local authority to prepare and submit for the approval of the Board such a town planning scheme, or to adopt the scheme, or to consent to the modifications or conditions so inserted:
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Provided that, where the representation is that a local authority have failed to adopt a scheme, the Local Government Board, in lieu of making such an order as aforesaid, may approve the proposed scheme, subject to such modifications or conditions, if any, as the Board think fit, and thereupon the scheme shall have effect as if it had been adopted by the local authority and approved by the Board.
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(2) If the Local Government Board are satisfied on any representation, after holding a local inquiry, that a responsible authority have failed to enforce effectively the observance of a scheme which has been confirmed, or any provisions thereof, or to execute any works which under the scheme or this Part of this Act the authority is required to execute, the Board may order that authority to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively, or for executing any works which under the scheme or this Part of this Act the authority is required to execute.
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(3) Any order under this section may be enforced by mandamus.
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