section 23
Vesting in Local Authority of streets laid out or altered and open space provided by the Authority under housing and development schemes
The Himachal Pradesh Housing and Urban Development Authority Act, 2004(1) Whenever the State Government is satisfied,- (a) that any street laid out or altered by the Authority has been duly levelled, paved, metalled, fledged, channeled, sewered and drained as required for the housing and development scheme; (b) that such lamps, lamp posts, and other apparatus as the Local Authority concerned considers necessary for the lighting of such street as ought to be provided by the Authority have been so provided; and (c) that water and other sanitary conveniences have been duly provided in such street, it may declare the street to be a public street, and the street shall thereupon vest in the Local Authority concerned and shall thereafter be maintained, repaired, lighted and cleaned by the Local Authority concerned. (2) When any open space for the purposes of ventilation or recreation has been provided by the Authority in executing any housing and development scheme, the Authority shall transfer such open space to the Local Authority concerned on completion of the scheme and thereupon such open space shall vest in and be maintained by the Local Authority: Provided that the Local Authority may require the Authority before any such open space is so transferred, to enclose, level, turf, drain and layout such space and provide footpath therein and if necessary, provided lamps and other apparatus for lighting it. (3) If any difference of opinion arises between the Authority and the Local Authority in respect of any of the matters referred to in this section, the matter shall be referred to the State Government whose decision thereon shall be final. development scheme, the Authority shall transfer such open space to the Local Authority concerned on completion of the scheme and thereupon such open space shall vest in and be maintained by the Local Authority: Provided that the Local Authority may require the Authority before any such open space is so transferred, to enclose, level, turf, drain and layout such space and provide footpath therein and if necessary, provided lamps and other apparatus for lighting it. (3)If any difference of opinion arises between the Authority and the Local Authority in respect of any of the matters referred to in this section, the matter shall be referred to the State Government whose decision thereon shall be final.
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