Section 354R

Amendment status not verified — confirm the current text below against the official source.

Power to declare an area to be a clearance area.— (1) If it shall appear to the Commissioner in respect of any area in any part of 6[Brihan Mumbai]— (a) that the residential 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 dangerous or injurious to the health of the inhabitants of the area and that the other buildings, if any in the area are for like reason dangerous or injurious to the health of the said inhabitants; and (b) that the conditions in the area can be effectually remedied by the demolition of the buildings in the area without making an improvement scheme; the Commissioner may cause that area to be defined on a plan in such manner as to exclude from the area any building which is not unfit for human habitation or dangerous or injurious to health and submit a draft clearance scheme 7[* * *] for the approval of the Corporation. On the submission by the Commissioner of draft clearance scheme, the Corporation shall take such scheme into consideration and approve the same with or without such alteration as they think fit. The Corporation shall then pass a resolution declaring the area so defined and approved by them to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the subsequent provisions of this Act. The area shall hereinafter be referred to as the clearance area and the scheme as the clearance scheme. (2) Before any area is declared to be a clearance area, it shall be the duty of Corporation to satisfy themselves as to the sufficiency of their resources and to ascertain the number of persons who are likely to be dishoused in such area and thereafter to take such measures as are practicable whether by the arrangement of their programme or otherwise so as to ensure that as little hardship as possible is inflicted on those dishoused. (3) The Commissioner on behalf of the Corporation shall forthwith transmit to the State Government a copy of the resolution passed by them under this section. (4) As soon as may be after the Corporation have declared any area to be a clearance area the Commissioner shall in accordance with the appropriate provisions hereafter contained in this Act, proceed to secure the clearance of the area in one or other of the following ways or partly in one of those ways, and partly in the other of them, that is to say:— (a) by ordering the demolition of the buildings in the area; or (b) by acquiring on behalf of the Corporation land comprised in the area and undertaking or otherwise securing the demolition of the buildings thereon. 354RA. Clearance orders.— (1) Where in respect of any clearance area the Commissioner determines to order any buildings in the clearance area to be demolished, he shall, with the approval of 8[* * * *] the Corporation make and submit to the State Government for confirmation by them an order (in this Act referred to as “clearance order”) ordering the demolition of each of those buildings. 1 This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. 2 The words “The Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. 3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 4 The City of Bombay Improvement Act, 1898, was repealed by the City of Bombay Improvement Trust Transfer Act, 1925, which has been repealed by Bom. 13 of 1933, See Appendix. 5 These headings, sections were substituted for sections 354R and 354S by Bom. 34 of 1954, s. 18. 6 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 7 The words “after obtaining the approval of the Mayor-in-Council” were deleted by Mah. 27 of 1999, s. 132. 8 The words “the Mayor-in-Council and” were deleted by Mah. 27 of 1999, s. 133(a). 286 The Mumbai Municipal Corporation Act [1888 : III (2) A clearance order shall describe by reference to a plan the area to which it applies, and shall fix by reference to the date on which it becomes operative the period, not being less than twenty-eight days from that date, within which the Commissioner requires the buildings in the area to be vacated for the purposes of demolition and for that purpose may fix different periods as respects different buildings. (3) There shall be excluded from the clearance order any houses or other buildings properly included in the clearance area only on the ground that by reason of their bad arrangement in relation to other buildings, or the narrowness or bad arrangement on the streets they are dangerous or injurious to the health of the inhabitants of the area: Provided that this sub-section shall not apply to a buildings constructed or adapted as, or for the purposes of, a dwelling or partly for those purposes and partly for other purposes, if any part (not being a part used for other purposes) is by reason of disrepair or sanitary defects unfit for human habitation. (4) Before submitting the order to the State Government, the Commissioner shall— (a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within 1[Brihan Mumbai] a notice stating the fact of such a clearance order having been made and describing the area comprised therein and naming a place where a copy of the order and of the plan referred to therein may be seen at all reasonable hours; and (b) serve on every person whose name appears in the Commissioner’s assessment book, as primarily liable for payment of property tax leviable under this Act, on any building included in the area to which the clearance order relates and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee thereof, a notice stating the effect of the clearance order and that it is about to be submitted to the State Government for confirmation, and specifying the time within and the manner in which objections thereto can be made to the Commissioner. (5) Upon compliance with the foregoing provisions with respect to the publication and service of notices of the clearance order, the Commissioner shall submit to the 2[Improvements Committee] any objections received under sub-section (4) and any suggestions he may wish to make in that respect. (6) The 3[Improvements Committee] may, after consideration of any such objections and suggestions, make such modifications in respect of the order as they think fit, and the Commissioner shall thereafter submit the order as approved, 4[* * *] by the 5[Improvements Committee] first to the Corporation and then to the State Government for confirmation. (7) The provisions of Schedule GG to this Act shall have effect with respect to the validity and date of operation of a clearance order. (8) When a clearance order has become operative, the owner or owners of any building to which the order applies shall demolish that building before the expiration of six weeks from the date on which the building is required by the order to be vacated or, if it is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the Commissioner may deem reasonable; and if the building is not demolished before the expiration of that period the Commissioner shall take measures to demolish the building and sell materials thereof. (9) Any expenses incurred by the Commissioner under the foregoing sub-section, after giving credit for the amount realised by sale of the materials, shall be payable by the owner or owners of the building, and any surplus in the hands of the Commissioner, after payment of such expenses, shall be paid by the Commissioner to the owner of the building, or if there is more than one owner, shall be paid as those owner may agree. In default of agreement between such owners, the Commissioner shall deposit the surplus amount in the Small Causes Court and the Chief Judge of the said Court shall decide in what proportion such amount should be paid to such owners. The decision of the Chief Judge shall be final. 1 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 2 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 133(b). 3 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 133(c). 4 The words “either with or without modifications “were deleted by Mah. 10 of 1998, s. 161 (c)(ii). 5 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 133(c). 1888 : III] The Mumbai Municipal Corporation Act 287 (10) When a clearance order has become operative, no land to which the order applies shall be used for building purposes, or otherwise developed, except subject to such restrictions and conditions, as may be imposed by 1[* *] the Corporation generally or specially. (11) In the provisions of this Act relating to buildings included in an area to which a clearance order applies, references to a building shall include references to a hut, tent or other temporary or moveable form of shelter which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken under those provisions, and the reference to development in sub- section (10) shall include a reference to the erection or placing on land of a hut, tent, or other temporary or moveable form of shelter. 354RB. Acquisition of land surrounded by or adjoining a clearance area.— Where, as respects any area declared by the Corporation to be a clearance area, the Commissioner determines to acquire any land comprised in the area, he may acquire also any land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and any adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area. 354RC. Provisions with respect to property belonging to the corporation within, surrounded by or adjoining a clearance area.— Subject to the provisions of this section, the Commissioner may include in a clearance area any land belonging to the Corporation which he might have included in such area if it had not belonged to them and where any land of the Corporation is included in a clearance area or, being land surrounded by or adjoining a clearance area, might have been acquired by the Commissioner under the last foregoing section had it not previously belonged to the Corporation, the provisions of this Act shall apply in relation to that land as if it has been acquired by the Commissioner as being land comprised in the clearance area or, as the case may be, as being land surrounded by or adjoining a clearance area. 354RD. Acquisition of land in a clearance area.— (1) Where the Commissioner has determined to acquire land comprised in or surrounded by or adjoining a clearance area, he may acquire that land by agreement upon obtaining the requisite sanction under section 90 or he may, with the sanction of the 2[Improvements Committee] be authorised to acquire that land by a compulsory acquisition order made and submitted to the State Government and confirmed by them in accordance with the provisions of Schedule HH to this Act. (2) An order authorising the compulsory acquisition of land comprised in a clearance area shall be submitted by the Commissioner with the approval 3[* * *] of the Corporation, to the State Government within six months, and an order authorising the compulsory acquisition of land surrounded by or adjoining a clearance area shall be submitted by the Commissioner with the approval 4[* * *] of the Corporation to the State Government within twelve months after the date of the resolution of the Corporation declaring the area to be a clearance area or within such longer period as the State Government may, in the circumstances of the particular case, allow. (3) The provisions of Schedule GG 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 section shall authorise the compulsory acquisition of any land or building vested in the Central Government or in the Trustees of the Port of Bombay without the previous sanction of the Central Government, or any land or building vested in the State Government or belonging to any corporation, authorised by law to construct, work and carry on any tramway, gas, electricity, water or other public undertaking without the previous sanction of the State Government. 354RE. Treatment of a clearance area.— The Commissioner having acquired any land comprised in, or surrounded by or adjoining a clearance area shall, as soon as may be, cause every building thereon to be vacated if necessary in the manner provided by section 488A, and shall deal with 1 The words “the Commissioner and approved by” were deleted by Mah. 10 of 1998, s. 161(d). 2 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 134(a). 3 The words “of the Mayor-in-Council and” were deleted by Mah. 27 of 1999, s. 134(b). 4 The words “of the Mayor-in-Council and” were deleted by Mah. 27 of 1999, s. 134(b). 288 The Mumbai Municipal Corporation Act [1888 : III that land in one or other of the following ways, or partly in one of these ways and partly in the other of them, that is to say — (a) he shall demolish every building thereon before the expiration of six weeks from the date on which it is vacated, or before the expiration of such longer period as in the circumstance he deems reasonable and thereafter may with the sanction of the requisite authority under section 92, sell or lease the land subject to such restrictions and conditions, if any, as he thinks fit or may, subject to the sanction of the Corporation, appropriate the land for any purpose for which the Corporation are authorised to acquire land; or (b) he shall, as soon as may be, with the sanction of the requisite authority under section 92, sell or lease the land subject to a condition that the buildings thereon shall be demolished forthwith and subject to such restrictions and other conditions, if any, as he thinks fit: Provided that, in lieu of selling any land other than land abutting on a public street, the Commissioner may, where the owner of other land (being land which the Corporation has power to acquire) is willing to take such land in exchange for that other land, with the sanction of the 1[Improvements Committee] exchange it for that other land either with or without paying or receiving money for equality of exchange, and in relation to any such exchange the like provisions shall have effect as respects the land to be given in exchange by the Corporation as have effect by virtue of the foregoing provisions of this section as respects land sold thereunder. Any land acquired by the Commissioner by such exchange if it is situated in the clearance area shall be subject to the same restrictions as are applicable to other lands in such area. 354RF. Arrangements where acquisition of land in a clearance area found to be unnecessary.— Where the Commissioner has submitted to the State Government an order for the compulsory acquisition of land in a clearance area, and the State Government, on an application for an authorisation under this section being made to them by the owner or owners of the land and the Commissioner is satisfied that the owner or owners of the land, with the concurrence of any mortgagee thereof, agree to the demolition of the buildings thereon and that the Commissioner can secure the proper clearance of the area without acquiring the land, the State Government may,— (a) in a case where the order has not been confirmed authorise the Commissioner to submit forthwith and without any previous publication or service, a clearance order with respect to the buildings, and upon his so doing, may modify the compulsory acquisition order by excluding the land therefrom and confirm the clearance order; or (b) in a case where the compulsory acquisition order has been confirmed but the land has not become vested in the Corporation, authorise the Commissioner to discontinue proceedings for the acquisition of the land on their being satisfied that such agreements have been or will be entered into by all necessary parties as may be requisite for securing that the buildings shall be demolished in like manner, and the land become subject to the like restrictions and conditions, as if the Commissioner had dealt with the land in accordance with the provisions of the last foregoing section. 354RG. Power to acquire cleared land which owners have failed to redevelop.— (1) Where land has been cleared of buildings in accordance with a clearance order the Corporation may, at any time after the expiration of eighteen months from the date on which the order became operative, by resolution determine to acquire any part of that land which at the date of the passing of the resolution has not been, or is not in process of being, used for building purposes or otherwise developed by the owner thereof in accordance with plans approved by the Commissioner and any restrictions or conditions imposed under sub-section (10) of section 354RA. (2) Where the Corporation have determined to acquire land under this section the Commissioner may acquire that land by agreement upon obtaining the requisite sanction under section 90, or he may, with the sanction of the 2[Improvements Committee] be authorised to acquire that land by a compulsory acquisition order made and submitted to the State Government and confirmed by them in accordance with provisions of Schedule HH to this Act. 1 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 135. 2 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 136(a). 1888 : III] The Mumbai Municipal Corporation Act 289 (3) An order authorising the compulsory acquisition of land for the purposes of this section shall be submitted by the Commissioner to the State Government within three months after the date of the passing of the resolution to acquire the land. (4) The provisions of Schedule GG to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section. (5) The Commissioner shall, with the approval of the 1[Improvements Committee], deal with any land acquired under this section by sale, lease or appropriation, in accordance with the provisions of section 354RE. 354RH. Power of Court to determine lease where premises demolished.— (1) Where any premises in respect of which a clearance order has become operative from the subject-matter of a lease, either the lessor or the lessee may apply to the Chief Judge of the Small Causes Court for an order under this section. (2) Upon any such application as aforesaid, the Chief Judge, after giving to any sub-lessee an opportunity of being heard, may, if he thinks fit, make an order for the determination of the lease, or for the variation thereof, and in either case, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation, damages, or otherwise) as he may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case. (3) In this section, the expression ‘lease’ includes an under-lease and any tenancy, or agreement for a lease, under-lease, or tenancy, and the expression ‘lessor’, ‘lessee’ and ‘sub-lessee’ shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee. Re-development areas 354RI. Power to declare an area to be a re-development area.— (1) If it shall appear to the Commissioner in respect of any area in any part of 2[Brihan Mumbai], that the following conditions exist, that is to say— (a) that the area contains fifty or more dwellings for the poorer classes; (b) that at least one-third of the poorer class dwellings in the area are over-crowded, or unfit for human habitation and not capable at a reasonable expense of being rendered so fit, or so arranged as to be congested; (c) that it is expedient in connection with the provision of housing accommodation for the poorer classes that the area should be re-developed as a whole, the Commissioner shall cause that area to be defined on a plan and shall submit draft 3[re-development scheme for the approval of] the Corporation. On the submission of such a draft re-development scheme, the Corporation shall take into consideration such scheme and approve the same with or without alteration as they think fit. The Corporation shall then pass a resolution declaring the area so defined and approved by them to be a ‘re-development area’. (2) As soon as may be after the Corporation have passed a resolution under the foregoing sub- section, the Commissioner on behalf of the Corporation shall transmit to the State Government a copy of the resolution and of the plan, and shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within 4[Brihan Mumbai] a notice stating that the resolution has been passed and naming a place where a copy of the resolution and of the plan may be inspected at all reasonable hours. (3) Before any area is declared to be a re-development area, it shall be the duty of the Corporation to satisfy themselves as to the sufficiency of their resources and to ascertain the number of persons who are likely to be dishoused in such area and thereafter to take such measures as are practicable whether in 1 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 136(b). 2 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 3 These words were substituted for the words “re-development Scheme to the Mayor-in-Council for the approval of” by Mah. 27 of 1999, s. 137. 4 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 290 The Mumbai Municipal Corporation Act [1888 : III the arrangement of their programme or otherwise so as to ensure that as little hardship as possible if inflicted on those dishoused. 354RJ. Re-development plan.— (1) Within six months after the Corporation have passed a resolution under the last foregoing section or within such extended period as the State Government may allow, the Commissioner shall, 1[with the approval of the Corporation] prepare and submit to the State Government a re-development plan indicating the manner in which it is intended that the defined area should be laid out and the land therein used, whether for existing purposes or for purposes requiring the carrying out of re-development thereon, and in particular the land intended to be used for the provisions of housing accommodation for the poorer classes, for streets and for open spaces. (2) In the preparation of the plan regard shall be had to the provisions of any improvement scheme or proposed improvement scheme under this Act or any scheme under 2[the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966),] relating to the defined area or land in the neighbourhood thereof. (3) Before submitting the plan to the State Government, the Commissioner shall— (a) publish simultaneously in the Official Gazette, and in three or more news papers circulating within 3[Brihan Mumbai] a notice stating that the plan has been prepared and is about to be submitted to the State Government, naming a place where the plan may be inspected at all reasonable hours, and specifying the time within which, and the manner in which, objections can be made; and (b) serve a notice to the like effect on every owner, lessee and occupier (except tenants for a month or any period less than a month) of land in the defined area, and on every railway administration operating a railway within the defined area and on any Corporation authorised by law to construct, work and carry on any tramway, gas, electricity, water or other public undertaking within the defined area. (4) Upon compliance with the foregoing provisions with respect to the publication and service of notices regarding the proposed re-development plan, the Commissioner shall submit to the 4[Improvements Committee] and objections received under sub-section (3) and any suggestions he may wish to make in that respect. (5) The 5[Improvements Committee] may after consideration of any such objections and suggestions make such modification in respect of the re-development plan as they think fit, and the Commissioner shall thereafter submit the plan as modified by the Improvements Committee first to the Corporation and then to the State Government for approval. (6) On receipt of notice of the State Government’s approval the Commissioner shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within 6[Brihan Mumbai] a notice stating that the re-development plan has been approved and naming a place where a copy thereof may be inspected at all reasonable hours, and shall serve a like notice on every person on whom a notice was served by him of his intention to submit the re-development plan to the State Government for their approval. (7) Where, after a re-development plan has been approved, the Corporation are satisfied that any land in re-development area (that is to say, the defined area or so much thereof as is comprised in the plan as approved) ought to be re-developed or used otherwise than as indicated in the plan, the Commissioner shall prepare and submit to the State Government on behalf of the Corporation a new plan in respect of that land and the provisions of this section in respect to publication, service of notices and approval by the State Government shall have effect in relation to the new plan, with the substitution of references to the new plan and to the land comprised therein, for references to the re-development plan and to the defined area. 1 These words were substituted for the words “with the approval of the Mayor-in-Council and the Corporation” by Mah. 27 of 1999, s. 138(a). 2 These words and figures were substituted for the words and figures “the Bombay Town Planning Act, 1915” by Mah. 10 of l998, s. 166(b). 3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 4 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 138(b). 5 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 138(b). 6 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 1888 : III] The Mumbai Municipal Corporation Act 291 (8) The provisions of Schedule GG to this Act shall have effect with respect to the validity and date of operation of the State Government’s approval of a re-development plan or of a new plan. (9) In the subsequent provisions of this Act references to re-development or use in accordance with a re-development plan shall be construed as references to re-development or use in accordance with a re- development plan approved under this section or in the case of land comprised in a new plan approved under this section, in accordance with the new plan. 354RK. Acquisition of land for purposes of re-development.— (1) When the State Government’s approval of a re-development plan has become operative, the Commissioner may acquire by agreement, upon obtaining the requisite sanction under section 90, or he may, with the sanction of the 1[Improvements Committee], be authorised by means of an order made and submitted to the State Government and confirmed by them in accordance with Schedule HH to this Act, to acquire compulsorily— (a) land in the re-development area; and (b) any land outside that area which may be required for the purpose of providing accommodation for person occupying premises within that area which have been or are intended to be acquired by agreement, or in respect of which compulsory acquisition orders have been submitted. (2) Where the Commissioner submits to the State Government an order for the compulsory acquisition under this section of land which comprises or consists of a building which in his opinion is unfit for human habitation and not capable at reasonable expense of being rendered so fit, the order as submitted shall be in a form, prescribed for the purpose of indicating that the building is in that condition, and, if in the opinion of the State Government the building is properly so indicated, the order as confirmed may authorise the Commissioner to acquire the building as being in that condition. (3) The provisions of Schedule GG 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 section shall authorise the compulsory acquisition of any land or building vested in the Central Government or in the Trustees of the Port of Bombay without the previous sanction of the Central Government, or any land or building vested in the State Government or belonging to any Corporation authorised by law to construct, work and carry on any tramway, gas, electricity, water or other public undertaking without the previous sanction of the State Government. (5) Land acquired by the Commissioner under this section for the provision of houses for the poorer classes shall be deemed to have been acquired by him under section 354RN. (6) Land acquired by the Commissioner under this section otherwise than for the provision of houses for the poorer classes may, with the sanction of the requisite authority under section 92, be sold or leased to any person or if such land is not abutting on any public street may with like sanction be exchanged for other land which the Commissioner has power to acquire either with or without paying or receiving money for equality of exchange, subject, in the case of land in the redevelopment area, to conditions for securing that it shall be re-developed or used in accordance with the redevelopment plan. (7) When the State Government’s approval of a re-development plan has become operative, and the plan comprise any land of the Corporation, the provisions of this Act shall in relation of that land, as if it had been land in the re-development area acquired by the Commissioner under this section. (8) When the State Government’s approval of a re-development plan has become operative, no person shall construct or reconstruct any building or any portion of a building within the redevelopment area to which the plan relates except with the written permission of the commissioner, who in granting such permission may impose such conditions approved by the Corporation generally or specially, as will, in his opinion, ensure that the construction or reconstruction shall only proceed in accordance with the re-development plan. 1 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 138(b). 292 The Mumbai Municipal Corporation Act [1888 : III General provisions as to land purchased for clearance or re-development 354RL. Extinguishment of ways, easements, etc., over land acquired under sections 354RD, 354 RG and 354 RK.— (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 354RD, 354RG or 354RK, provided that an order intended to be made by the Commissioner under this sub-section shall be published alongwith a notice inviting objections simultaneously in the Official Gazette and in three or more newspapers circulating within 1[Brihan Mumbai] and, if any objection thereto is made to the State Government before the expiration of six weeks from the publication thereof, the State Government shall not approve the order until they have 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. (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 right 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 has been acquired under a compulsory acquisition order for which the notice required under clause 2 (a) of Schedule HH 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 in the Trustees of the Port of Bombay or to any rights belonging to any Corporation authorised by law to construct, work and carry on any tramway, gas, electricity, water or other public undertaking, and shall have effect as respect 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 354RM. Mode of provision of accommodation.— (1) If the Corporation, upon consideration of a representation from 2[Commissioner] other information in their possession, are satisfied that within any area in any part of 3[Brihan Mumbai] it is expedient to provide housing accommodation for the poorer classes and that such accommodation can be conveniently provided without making an improvement scheme, they shall cause that 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 building 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 Corporations into dwellings for the poorer classes; (c) by altering, enlarging, repairing or improving any buildings which have, or an estate or interest in which has been acquired by the Corporation. (2) 4[The Commissioner may subject to the approval of the Corporation alter,] enlarge, repair or improve any house so erected, converted or acquired. 354RN. Power of Commissioner to acquire land for housing accommodation.— The Commissioner may for the purpose of the foregoing section on behalf of the Corporation— 1 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 2 This word was substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 140. 3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 4 These words were substituted for the words “the Commissioner, may alter” by Mah. 10 of 1998, s. 168(b). 1888 : III] The Mumbai Municipal Corporation Act 293 (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. 354RO. Mode of acquisition of land for housing accommodation.— (1) Land for the purposes of the foregoing section may be acquired by the Commissioner by agreement upon obtaining the requisite sanction under section 90, or he may, with the sanction of the 1[Improvements 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 them in accordance with the provisions of Schedule HH to this Act. (2) The Commissioner may, with the consent of and subject to any conditions imposed by, the State Government acquire land for the purposes of the foregoing section, 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 they confirm the compulsory acquisition order. (3) The provisions of Schedule GG 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 354RM of any land which is the property of Government or of the Trustees of the Port of Bombay or any local authority, or which is the property of any Corporation authorised by law to construct, work and carry on any tramway, gas, electricity, water or other public undertaking and was acquired for the purposes of such Corporation, or which at the date of the compulsory acquisition order forms part of any park, garden or recreation ground. 354RP. Power of dealing with land acquired or appropriated for provision of housing accommodation.— (1) Where the Commissioner has acquired or appropriated any land for the purposes of section 354RN 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 approval of 2[the Improvements Committee], sell or lease the land; or part thereof to any person for the purpose and under the condition that, 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 space 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 3[the Improvements 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; 1 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 141. 2 These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. 3 These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. 294 The Mumbai Municipal Corporation Act [1888 : III (d) with the approval of 1[the Improvements Committee], sell or less any building 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 dwelling 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 together with interest on the outstanding balance at such rate as may from time to time be prescribed by the 2[the Improvements Committee] in this behalf, or to a payment or part thereof being secured by a mortgage of the premises. (2) Where the Commissioner acquired 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 necessary works, or by leasing or selling to some person subject to conditions for securing that he will alter, enlarge, repair or improve it. 354RQ. Supplementary powers in connection with provision of accommodation.— 3[The powers of the Commissioner] to provide housing accommodation for the poorer classes, shall include a power to provide and maintain and if desired, jointly with any other person, in connection with any such housing accommodation, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Commissioner will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided. Land Acquisition