Amendment status not verified — confirm the current text below against the official source.
(1) The Commissioner may, with the approval of the State Government, by order extinguish any public right of way over land acquired by agreement under section 284, 284C or 284G, provided that an order intended to be made by the Commissioner under this sub- section shall be published along with a notice inviting objections. Simultaneously in the Official Gazette and in three or more newspapers circulating within the city and, if any objections thereto is made to the State Government before the expiration of six weeks from the publication thereof, the State Government shall not appointed the order until it has considered all such objections. (2) Where the Commissioner proposes to acquire under the sections referred to in sub-section (1) land over which a public right of way exists, it shall be lawful under this section for the Commissioner to make and the State Government to approve, in advance of the acquisition an order extinguishing that right as from the date on which the buildings on the land are vacated or at the expiration of such period after that date as may be specified in the order, or as the State Government in approving the order may direct. Extinguishment of ways, easements, etc. over land acquired under sections 284, 284C and 284G. H-2002–17 130 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX (3) Upon the completion of the purchase of the land which the Commissioner on behalf of the Corporation has acquired by agreement under the sections referred to in sub-section (1), all private rights of way in, and all private rights under or over that land and all other rights or easements in or relating to that land shall be extinguished, and any person who suffers loss by the extinguishment of any such rights or easement shall be entitled to be paid by the Corporation compensation of such amount as might have been awarded to a person interested in such rights or easements as if the land to which the same relate had been acquired under a compulsory acquistion order, for which the notice required under clause 2(a) of Schedule C to this Act had been published on the date of completion of the purchase: Provided that this sub-section shall not apply to any rights vested in Government or to any rights belonging to any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility, and shall have effect as respects other matters subject to any agreement which may be made between the Commissioner and the person in or to whom the right in question is vested or belongs. Provision of housing accommodation for the poorer classes. 284-I.(1) If Corporation, upon consideration of a representation from the Commissioner or other information in its possession, is satisfied that within any area in any part of the City it is expendient to provide housing accommodation for the poorer classes and that such accommodation can be conveniently provided without making an improvement scheme, it shall cause such area to be defined on a plan and pass a resolution authorising the Commissioner and the Commissioner shall thereupon be empowered to provide such accommodation (a) by the erection of buildings or in any other manner, on any land belonging to the Corporation or any land acquired by the Corporation for the purpose; (b) by the conversion of any buildings belonging to the Corporation into dwellings for the poorer classes; (c) by altering, enlarging, repairing or improving any building which have, or an estate or interest in which has, been acquired by the Corporation. (2) The Commissioner may alter, enlarge, repair or improve any house so erected, converted or acquired. 284 J. The Commissioner may for the purposes of the foregoing section on behalf of the Corporation (a) acquire any land including any buildings thereon as a site for the erection of buildings for the poorer classes; (b) acquire land for the purpose of (i) the lease or sale of land with a view to the erection thereon of buildings for the poorer classes by persons other than the Corporation; (ii) lease or sale of any part of the land acquired with a view to the use thereof for purposes which in the opinion of the Commissioner are necessary or desirable for, or incidental to, the development of the land as a building estate, including the provision, maintenance and improvement of buildings, gardens, factories, workshops, places of worship, places of recreation and other works or buildings for, or for the convenience of, persons belonging to the poorer classes. 284K.(1) Land for the purposes of the foregoing section may be acquired by the Commissioner by agreement upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised to acquire land for those purposes by means of a compulsory acquisition order made and submitted to the State Government and confirmed by it in accordance with the provisions of Schedule C to this Act. Mode of provision of accommodation. Power of commissioner to acquire land for housing accommodation. Mode of acquisition of land for housing accommodation. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 131 (2) The Commissioner may, with the consent of and subject to any conditions imposed by, the State Government acquire land for the purposes of section 284J, notwithstanding that the land is not immediately required for those purposes: Provided that the Commissioner shall not be authorised to acquire any land compulsorily for those purposes unless it appears to the State Government that it is likely to be required for those purposes within ten years from the date on which it confirms the compulsory acquisition order. (3) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section. (4) Nothing in this Act shall authorise the compulsory acquisition for the purposes of section 284-I of any land which is the property of Government or any local authority, or which is the property of any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility and was acquired for the purposes of such Corporaion, or which, at the date of the compulsory acquisition order forms part of any park, garden or recreation ground. 284L.(1) Where the Commissioner has acquired or appropriated any land for the purposes of section 284J then, without prejudice to any of his other powers under this Act, he may (a) lay out and construct public streets or roads and open spaces on the land; (b) with the appproval of the Standing Committee, sell or lease the land or part thereof to any person for the purpose and under the condition that person will erect and maintain thereon such number of buildings suitable for the poorer classes as may be fixed by the Commissioner in accordance with plans approved by him and, when necessary, will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which in the opinion of the Commissioner are necessary or desirable, for, or incidental to, the development of the land in accordance with plans approved by the Commissioner including the provision, maintenance and improvement of houses and gardens, places of recreation and other works or buildings for, or for the convenience of, persons belonging to poorer classes ; (c) with the approval of the Standing Committee, sell the land or part thereof or if such land is not abutting on any public street, exchange the land or part thereof for land better adapted for those purposes, either with or without paying or receiving any money for equality of exchange; (d) with the approval of the Standing Committee, sell or lease any buildings on the land or erected by him on the land, subject to such covenants and conditions as he may think fit to impose either in regard to the maintenance of the buildings as dwellings for the poorer classes or otherwise in regard to the use of the buildings, and upon any such sale he may, if he thinks fit , agree to the price being paid by instalments togather with interest on the outstanding balance at such rate as may from time to time be prescribed by the Standing Committee in this behalf, or to a payment or part thereof being secured by a mortgage of the premises, (2) Where the Commissioner acquires any building which can be made suitable as a building for the poorer classes or an estate or interest in such a building, he shall forthwith proceed to secure the alterations, enlargement, repair or improvement of the building, either by himself executing any necessary works, or by leasing or selling it to some person subject to conditions for securing that he will alter, enlarge, repair or improve it.