Amendment status not verified — confirm the current text below against the official source.
Collector to take possession after making an award and transfer land to corporation.— When the Collector has made an award under section 11 of the Land Acquisition Act, as applied by this Act, he may take possession of the land which shall thereupon vest absolutely in 2[Government] free from all encumbrances, and the Collector shall, upon payment of the cost of the acquisition, make over charge of the land to the Commissioner and the land shall thereupon vest in the corporation subject to 1 Clauses (7), (8) and (9) were inserted by Bom. 34 of 1954, s.19. 2 This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. 1888 : III] The Mumbai Municipal Corporation Act 297 the liability of the Commissioner to pay on behalf of the corporation any further costs which may be incurred on account of the acquisition of the land. 1[Levy of betterment charges 354UA. Condition for levying betterment charge in clearance and development areas.— (1) When by the clearance or re-development of an area as provided for under sections 354RE or 354RJ and 354RK respectively, any land will, 2[in the opinion of the Commissioner be increased in value, the Commissioner may declare] that a betterment charge shall be leviable in respect of the increase in value of the land resulting from such clearance or re-development. (2) Before declaring that a betterment charge shall be leviable under sub-section (1) the Commissioner, shall serve on every person whose name appears in the Commissioner’s assessment book as primarily liable for the payment of property taxes leviable under this Act on any land or building or part of building affected by the proposed levy of betterment charge a notice of his intention to declare a betterment charge in respect of the land, and specifying the time within which, and the manner in which objections thereto, can be made to the Commissioner. (3) The Commissioner shall submit to the 3[Improvements Committee] any objections received under sub-section (2) and any suggestions he may wish to make in that respect. (4) The 4[Improvements Committee] shall, after consideration of any of such objections and suggestions, make such modifications in respect of the proposed betterment charge 5[as they think fit,] and the Commissioner shall thereafter declare that the betterment charge, either with or without modifications, shall be leviable. 354UB. Method of calculating charge.— Where an improvement scheme has provided for the levy of a betterment charge pursuant to sub-section (3) of section 354E, or where the Commissioner has declared a betterment charge to be leviable under sub-section (4) of section 354UA, such betterment charge shall be an amount equal to one-half of the increase in value of the land and shall be calculated, in the case of an improvement scheme upon the amount by which the value of the land on completion of the execution of the scheme exceeds the value of the land at the time of the publication of the notification made under section 354G and in the case of a clearance or re-development area, upon the amount by which the value of the land on completion of the clearance or re-development of the area exceeds the value of the land at the date of the resolution of the Corporation under section 354R or section 354RI declaring that area to be a clearance area or re-development area, as the case may be. 354UC. Procedure for determining charge.— (1) When it appears to the Commissioner that an improvement or a clearance scheme or a re-development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Commissioner shall make a report to 6[the Improvements Committee] to that effect and 7[the Improvements Committee] considering the report may by resolution declare the date on which for the purpose of determining the amount of the betterment charge the execution of the scheme shall be deemed to have been completed. (2) The betterment charge leviable in each case shall be determined in accordance with section 354UB after following the procedure prescribed in sub-section (3) by such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf at the request of the Corporation. (3) On a date being fixed under sub-section (1) and an officer being appointed under sub-section (2), the Commissioner shall, in consultation with such Officer serve upon every person on whom a notice in respect of the property affected has been served under sub-section (2) of section 354G or under sub- section (2) of section 354UA a notice, which shall state— 1 This heading and sections 354UA, 354UB and 354UC were inserted by Bom. 34 of 1954, s. 20. 2 These words were substituted for the words “in the opinion of the Mayor-in-Council be increased in value, the Commissioner may, as decided by the Mayor-in-Council, declare” by Mah. 27 of 1999, s. 144(a). 3 These words were substituted for the words, “the Member-in-charge” by Mah. 27 of 1999, s. 144(b). 4 These words were substituted for the words, “Member-in-charge” by Mah. 27 of 1999, s. 144(c)(1). 5 These words were substituted for the words “as he thinks fit,” by Mah. 27 of 1999, s. 144(c)(2). 6 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s.145(a). 7 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s.145(a). 298 The Mumbai Municipal Corporation Act [1888 : III (a) the date declared by 1[the Improvements Committee] under sub-section (1) as aforesaid; (b) the time (being some time not less than twenty-one days after the service of the notice) and place at which the assessment of the betterment charge will be considered by such officer, and every person upon whom such notice is served shall be entitled to be heard either in person or by a duly authorised agent when the matter is taken into consideration by such officer. (4) When such officer has determined the amount of betterment charge leviable in respect of any property, the Commissioner shall serve upon the person concerned a notice stating the amount so determined. (5) With effect from the date of service of the notice under sub-section (4) and subject to the decision upon any reference made to the Tribunal as hereinafter provided in sub-section (6), the amount of the betterment charges determined as aforesaid and interest thereon, if any, shall be a charge upon the property in respect of which it is levied and shall be recoverable in the same manner as expenses declared to be improvement expenses under section 494. (6) If any person or the Commissioner is dissatisfied with the betterment charge determined by the said officer, he may, at any time within two months from the date of service of notice under sub-section (4) refer the case for the determination of the Tribunal constituted under section 354SA, whose decision shall be final. (7) If no reference is made to the Tribunal for the determination of the betterment charge within the period specified in sub-section (6), the determination of a betterment charge by the officer appointed by the State Government in this behalf shall be final.