Amendment status not verified — confirm the current text below against the official source.
Compensation to be paid in cases under the three last sections.— 7[(1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under section 298 or 299, for any loss which such owner may sustain in consequence of his building or land being so, acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner under either of the said sections; provided that any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set-back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation.] (2) If, in consequence of any order to set forward a building made by the Commissioner under the last preceding section, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage. (3) If the additional land which will be included in the premises of any person required or permitted under the last preceding section to set forward a building belongs to the corporation, the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the 8[price to be paid to the corporation by the said owner for such additional land and the other] terms and conditions of the conveyance shall be set forth in the said order or permission. (4) If when the Commissioner requires a building to be set forward, the owner of the building is dissatisfied with 9[the price fixed to be paid to the corporation or any of the other] terms and conditions 1 These words were substituted for the words “Her Majesty or” by the Adaptation of Indian Laws Order in Council. 2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. 3 These words were inserted, ibid. 4 The words “by an Indian Law” were substituted for the words “of the Governor General of India in Council or of the Governor in Council” by the Adaptation of Indian Laws Order in Council. 5 The words “the Provincial Government” were substituted for the word “Government”, ibid. 6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 7 This sub-section was substituted for the original by Bom. 1 of 1925, s. 19. 8 These words were added by Bom. 7 of 1921, s. 9(a). 9 These words were substituted for the original words by Bom. 7 of 1921, s. 9(b). 250 The Mumbai Municipal Corporation Act [1888 : III of the conveyance, the Commissioner shall, upon the application of the said owner at anytime within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Chief Judge of the Small Cause Court, whose decision thereupon shall be conclusive. Provisions concerning private streets 1[302. Notice to be given to Commissioner of intention to lay out lands for building and for private streets.— (1) Every person who intends— (a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon, or (b) to divide land into building plots, or (c) to use any land or permit the same to be used for building purpose, or (d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not, shall give written notice of his intention to the Commissioner, and shall, along with such notice submit plans and sections, showing the situation and boundaries of such building, land and the site of the private street (if any) and also the situation and boundaries of all other land of such person of which such building land or site forms, a part, and the intended development, laying out and plotting of such building, land, and also the intended level, direction, and width and means of drainage of such private street and the height and means of drainage and ventilation of the building or buildings proposed to be erected on the land and, if any building when erected will not abut on a street then already existing or then intended to be made as aforesaid, the means of access from and to such building. (2) Nothing in this section or in sections 302A, 302B, 303 or 304 shall be deemed to affect or to dispense with any of the requirements of Chapter XII.] 2[302A. Commissioner may call for further particulars.— If any notice given under section 302 does not supply all the information which the Commissioner deems necessary to enable to him to deal satisfactorily with the case, he may, at anytime within thirty days after receipt of the said notice, by written notice require the person, who gave the said notice to furnish the required information together with all or any of the following documents, namely:— (a) correct plans and sections in duplicate of the proposed private street, which shall be drawn to a horizontal scale of not less than one inch to every twenty feet and a vertical scale of not less than one and a half inches to ten feet and shall show thereon the level of the present surface of the ground above some known fixed datum near the same, the level and rate of inclination of the intended new street, the level and inclinations of the street with which it is intended to be connected and the proportions of the width which are proposed to be laid out as carriage-way and foot-way respectively. (b) a specification with detailed description of the materials to be employed in the construction of the said street and its footpaths; (c) a plan showing the intended lines of drainage of such street and, of the buildings proposed to be erected and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains; (d) a scheme accompanied by plans and section for the laying out into streets, plots and open spaces of the other land of such person or of so much of such other land as the Commissioner shall consider necessary before applying to the 3[Standing Committee] for their approval of the determination of the Commissioner.] 4[302B. Commissioner may require plan to be prepared by licensed surveyor.— The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of 1 Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3. 2 Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3. 3 These words were substituted for the words “Mayor-in-council” by Mah. 27 of 1999, s. 110. 4 Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3. 1888 : III] The Mumbai Municipal Corporation Act 251 section 302 and section 302A, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.] 1[303. Laying out of land, private streets and buildings to be determined by Commissioner.— (1) The laying out of land for building, the level, direction, width and means of drainage of every private street, and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or in either side of such street shall be fixed and determined by the Commissioner with the approval of the 2[Standing Committee] with the general object of securing sanitary conditions, amenity, and convenience in connection with the laying out and use of the land and of any neighbouring lands. (2) But if, within thirty days after the receipt by the Commissioner of any notice under section 302 or of the plans, sections, description, scheme or further information, if any, called for under section 302A, the disapproval by the Commissioner with regard to any of the matters aforesaid specified in such notice shall not be communicated to the person, who gave the same, the proposals of the said person shall be deemed to have been approved by the Commissioner.] 3[304. Land not to be appropriated for building and private streets not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner’s directions.— (1) No person shall sell, let or use or permit the use of, any land for building or divide any land into building plots, or make or lay out or commence to make or lay out any private street, unless such person has given previous written notice of his intention as provided in section 302, nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under sub-section (1) of section 303. (2) If any act be done or permitted in contravention of this section, the Commissioner may by written notice require any person doing or permitting such act on or before such day as shall be specified in such notice by a statement in writing subscribed by him in that behalf and addressed to the Commissioner, to show-cause why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or if that be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show-cause as aforesaid. (3) If such person shall fail to show-cause to the satisfaction of the Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.]