Chapter XII A

CITY IMPROVEMENT

City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), comes into operation, all the property, interests, rights and liabilities of the Board of Trustees for the Improvement of the City of

Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of

1925) in respect of any improvement scheme, street scheme, deferred street scheme, poorer classes accommodation scheme, reclamation scheme or police accommodation scheme, duly sanctioned or executed before the said date in accordance with the provisions of the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925) shall save in so far as they are restricted or modified by the provisions of this Chapter and of sections 91A, 91B and 91C vest in corporation.

1. (2) It shall be the duty of the corporation to execute, with due diligence, any improvement scheme, street scheme, deferred street scheme, poorer classes accommodation scheme, reclamation scheme, or Section 354AAA was inserted by Mah. 5 of 1996, s. 3. New Chapter XII A was inserted by Bom. 13 of 1933, s. 35.

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police accommodation scheme, duly sanctioned in accordance with the provisions of the City of Bombay

Improvement Act, 1898 (Bom. IV of 1898) or the City of Bombay Improvement Trust Transfer Act,

1925 (Bom. XVI of 1925) before the date on which the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933) comes into operation, which remains unexecuted on that date, until the completion of the scheme. Improvement Schemes

1[If it shall appear to the Commissioner—

1. (A) that within certain limits in any part of 2[Brihan Mumbai]]—
2. (a) any buildings used, or intended or likely to be used, for human habitation, are unfit for human habitation, or
3. (b) the narrowness, closeness and bad arrangement or the bad condition of the streets and buildings, or groups of buildings, within such limits or the want of light, air ventilation or proper conveniences, or any other sanitary defects, or one or more of such causes, are

dangerous or injurious to the health of the inhabitants either of the buildings within the area

of such limits, or of the neighbouring buildings; and that the evils connected with such buildings and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the re-arrangement and reconstruction of the streets and buildings within such area or of some of such streets or buildings, or

1. (c) it is necessary to provide for the construction of buildings for the accommodation of the poorer 3[* * *] classes, 4[or,
2. (B) that for the purpose of providing building sites for the expansion of 5[Brihan Mumbai] or of remedying the defective ventilation of any part of 6[Brihan Mumbai], or of creating new or increasing the existing means of communication and facilities for traffic between various parts of 7[Brihan Mumbai] it is expedient to form new or to alter existing streets in any part of 8[Brihan Mumbai]]. The Commissioner may—
   • (i) with the previous approval of the corporation, which shall not be given unless the corporation are satisfied of the sufficiency of their resources, draw up a notification stating that the Commissioner proposes to make an improvement scheme, the area to which the resolution relates and naming a place where a map of the area may be seen at all reasonable hours;
   • (ii) during three consecutive weeks publish simultaneously in the 9[Official Gazette] and in some one or more English and in some two or more vernacular newspapers circulating within 10[Brihan Mumbai] a copy of the said notification;
   • (iii) proceed to make a draft improvement scheme and submit the scheme to 11[the Improvement Committee] for approval.

1. (2) In making an improvement scheme more than one area may be included in one improvement scheme. These words, brackets and letter were substituted for the words “If it shall appear to the Commissioner that within certain limits in any part of the city” by Bom. 12 of 1936, s. (1). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “and working” were deleted by Bom. 34 of 1954, s. 10. These words, brackets and letter were inserted by Bom. 12 of 1936, s. 6(2). These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. These words were substituted for the word “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 122.

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1. (3) With the previous approval of the corporation the Commissioner may, for the purpose of making an improvement scheme, cause surveys to be made in areas either inside or outside the limits of the area comprised in the scheme to be made.

3[The Improvements Committee] to consider and approve draft scheme submitted by Commissioner.— On the submission by the Commissioner of a draft improvement scheme

4[the Improvements Committee] shall take such scheme into their consideration and may approve the

same with or without such alteration as it thinks fit.

1. (1) The improvement scheme, which may exclude any part of the area included in the notification referred to in section 354C, or include any neighbouring land, if the Commissioner is of opinion that such exclusion or inclusion is expedient,—
   • (i) shall, within the limits of the area comprised in the scheme, provide for—
   • (a) the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or affected by the execution of the scheme;
   • (b) relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;
   • (c) the laying of such storm-water drains and sewers as may be required for the efficient draining and sewering of streets so formed or altered;
   • (d) the lighting of streets so formed or altered;
     • (ii) may, within the limits aforesaid, provide for—
   • (a) raising any land which the Commissioner may deem expedient to raise for the better drainage of the locality;
   • (b) forming open spaces for the better ventilation of the area comprised in the scheme or any adjoining area;
   • (c) the whole or any part of the sanitary arrangements required; and
     • (iii) may, within and without the limits aforesaid, provide for the construction of buildings for the accommodation of the poorer 5[* *] classes including the whole or part of such classes to be displaced in the execution of the scheme. Such accommodation shall be deemed to include shops.
2. (2) The improvement scheme may exclude any part of the area included in the notification referred to in section 354C or include any neighbouring land, provided that the Commissioner is of opinion that such exclusion or inclusion is necessary for the proper carrying out of the scheme and provide further that, previous notice of such inclusion shall have been given in the manner prescribed in section 354 C(1)(ii). 6[(3) If in the opinion of the Commissioner any land, within the limits of the area comprised in the improvement scheme, which is not required for the execution of the scheme, will, as the result of such execution be increased in value, the scheme may, in lieu of providing for the acquisition of such land, This section was inserted by Bom. 69 of 1948, s. 75, Schedule. These words and figures were substituted for the words and figures “the Bombay Housing Board Act, 1948” by Mah. 10 of 1998, s. 150. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 123. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 123. The words “and working” were deleted by Bom. 34 of 1954, s. 11(1). Sub-section (3) was inserted by Bom. 34 of 1954, s. 11(2).

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provide for the levy of a betterment charge in respect of the increase in value thereof, which shall be of such amount and shall be levied at such time and in such manner as is hereinafter provided.]

In making an improvement scheme for any area, regard shall be had to the conditions and nature of neighbouring parts of

1[Brihan Mumbai] and of

2[Brihan Mumbai] as a whole, and to the likelyhood or improvement schemes being

required for the neighbouring and other parts of

3[Brihan Mumbai].

1. (1) Upon the approval of an improvement scheme by the 4[Improvements Committee] the Commissioner shall forthwith draw up a notification stating the fact of a scheme having been made, the limits of the area comprised therein, and naming a place where particulars of the scheme, a map of the same and a statement of the 5[land which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge] may be seen at all reasonable hours, and shall—
   • (a) communicate a copy of such notification, particulars, map and statement to the corporation;
   • (b) published the notification in the manner prescribed for the publication of a notification under section 354C. 6[(2) During the thirty days next following the first day on which such notification is published, the Commissioner shall serve a notice upon every person whose name appears in the Commissioner’s assessment book as primarily liable for the payment of the property taxes leviable under this Act on any land or building or part of a building which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge.
2. (3) Such notice shall—
   • (a) state that the Commissioner on behalf of the Corporation proposes to acquire such land or building or part of a building or to levy a betterment charge in respect thereof for the purpose of or in connection with, an improvement scheme, and
   • (b) require the person so served if he objects to such acquisition or levy of a betterment charge, as the case may be, to state his reason in writing within thirty days from the date of service to the notice.]

(1) If any land is included in any statement specifying the land proposed to be acquired made in accordance with any notification drawn up under section 354G, and if the owner of such land shall prove to the satisfaction of the Collector that at the date of the said notification building operations were in progress on such land or any part thereof and the buildings were structurally complete upto the first floor level, the Collector shall call upon the Commissioner to acquire such land.

1. (2) On receipt of such notice the Commissioner shall forthwith report the matter 7[to the Improvements Committee and the said committee] shall then resolve whether in their opinion it is desirable to acquire the land set out in the notice or to withdraw from the proposal to acquire and shall

communicate their resolution within two months to the corporation who shall within one month after

receipt thereof communicate to the Commissioner the decision of the corporation in the matter, and thereupon the Commissioner shall forthwith in accordance with such decision either proceed to acquire such land or shall give written notice to the owner that the proposal to acquire has been withdrawn.

1. (3) If the Corporation decide to acquire the land the Commissioner shall give notice of such decision to the Collector and to the owner, and the Collector shall proceed as if a declaration had been made in respect of the land in question under section 6 of the Land Acquisition Act, 1894 (I of 1894). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 124. These words were substituted for the words “land proposed to be acquired” by Bom. 34 of 1954, s. 12(1). These sub-sections were substituted for sub-section (2) by Bom. 34 of 1954, s. 12(2). These words were substituted for the words “the Mayor-in-Council to who” by Mah. 27 of 1999, s. 125.

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1. (4) If the Corporation withdraw from the proposal to acquire any land under sub-section (2) such land shall not be included in any statement of land proposed to be acquired, made in accordance with any notification drawn up under section 354G until the expiry of two years from the date of the issue of written notice of withdrawal to the owner. 1[(5) Notwithstanding anything contained in this section if the Corporation withdraw from the proposal to acquire any land under sub-section (2) such land shall be deemed to have been included in any statement of land in respect of which it is proposed to levy a betterment charge made in accordance with any notification drawn up under section 354G: Provided that, the provisions of sub-sections (2) and (3) of section 354G shall apply in respect of such land with the modification that the period of thirty days referred to in the said sub-section (2) will be counted from the date on which notice was given to the owner that the proposal to acquire has been withdrawn.]

of two years from the date of notification.— (1) The owner of any land included in any statement of the land proposed to be acquired made in accordance with any notification drawn up under section 354G may at any time before the publication of a declaration under section 354M and after the expiry of one year from the date of such notification by written notice to the Commissioner setting out the particulars of such land call upon the Commissioner to acquire such land on behalf of the corporation.

1. (2) On receipt of such notice the Commissioner shall forthwith report the matter to 2[the Improvements Committee and the said Committee shall resolve, whether in their opinion it is desirable to acquire the land set out in the notice and shall: communicate their resolution within two months to the Corporation which shall within two months after the receipt thereof communicate to the Committee and Commissioner the decision of the Corporation in the matter] and thereupon the

Commissioner shall in accordance with such decision either decide to acquire such land or shall give

notice to the owner that he has withdrawn the proposal to acquire.

1. (3) If the Corporation decide to acquire the land they shall instruct the Commissioner to give notice of such decision to the Collector and to the owner, and the Collector shall proceed as if a declaration had

been made in respect of the land in question under section 6 of the Land Acquisition Act, 1894 (I of

1894).

1. (4) If the Corporation withdraw from the proposal to acquire any land under sub-section (2) such land shall not be included in any statement of land proposed to be acquired made in accordance with any notification drawn up under section 354G until the expiry of two years from the date of the issue of written notice of withdrawal to the owner. 3[(5) Notwithstanding anything contained in this section if the Corporation withdraw from the proposal to acquire any land under sub-section (2) such land shall be deemed to have been included in any statement of land in respect of which it is proposed to levy a betterment charge made in accordance with any notification drawn up under section 354G: Provided that the provisions of sub-sections (2) and (3) of section 354G shall apply in respect of such land with the modification that the period of thirty days referred to in the said sub-section (2) will be counted from the date on which notice was given to the owner that the proposal to acquire has been withdrawn.] 354J. 4[Improvement Committee] after publication and service of notices to forward the scheme to the Corporation for approval.— (1) Upon compliance with the foregoing provisions with respect to the publication of notices of the scheme the Commissioner shall submit to the 5[Improvements Committee] any 6[objection or representation] received under section 354G together with any suggestion he may wish to make in respect of the modification of the scheme. Sub-section (5) was inserted by Bom. 34 of 1954, s. 13. This portion was substituted by Mah. 27 of 1999, s. 126. Sub-section (5) was added by Bom. 34 of 1954, s. 14. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 127. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 127. These words were substituted for the words “representation or answer” by Bom. 34 of 1954, s. 15(1).

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1. (2) The 1[Improvements Committee] shall, after consideration of any such 2[objection or representation] or suggestion and after inserting in the scheme such modifications as they think fit,

submit the scheme together with any representation, answer or suggestion to the corporation for their

approval.

The Corporation shall on receipt of a scheme from the

3[the Improvements Committee] such modification as they think fit, submit the scheme together with any

4[objection, representation] or suggestion received, or made under section 354G or 354J and shall, after having approved the scheme with or without modification or declined to approve the scheme, pass a resolution to that effect.

5[State] Government for sanction to the scheme.— (1) As soon as the Corporation have approved the scheme the Commissioner shall apply to

6[the

7[State] Government] on behalf of the Corporation for sanction to the scheme.

1. (2) If the Corporation do not approve the scheme they shall pass a resolution to that effect. The Commissioner shall thereupon forthwith draw up a notification stating the fact that the Corporation have resolved not to proceed with the making of the said improvement scheme and shall publish the said notification in the manner prescribed in section 354C. Thereupon the notification relating to the scheme published under sections 354C and 354G shall be deemed cancelled.
2. (3) The application to 8[the 9[State] Government] for sanction under sub-section (1) shall be accompanied by— 10[(a) a copy of the resolution passed by the Improvements Committee under section 354D;]
   • (b) a copy of a resolution passed by the Corporation under section 354C;
   • (c) a description with full particulars of the scheme including the reasons for any modifications inserted therein;
   • (d) complete plans and estimates of the cost of executing the scheme;
   • (e) a statement specifying the land 11[which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge];
   • (f) a list of the names of the persons, if any, who in answer to the notices mentioned in sub- section (2) of section 354G 12[objected, with the reasons (if any) stated by such person for objection, in respect of the acquisition of their land or of the levy of a betterment charge;]
   • (g) schedule showing the rateable value, as entered in the Commissioner’s Assessment book, at the date of publication of a notification relating to the land under section 354G, of all land specified in the statement under clause (e) and of any other land wholly or partially situated within 80 feet from either side of any street to be formed or altered in executing the scheme.

acquired and on publication of such declaration the Commissioner to be authorised to execute the

These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 127. These words were substituted for the words “representation, answer” by Bom. 34 of 1954, s. 15(2). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 128. These words were substituted for the words “representation, answer” by Bom. 34 of 1954, s. 16. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the words “the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the words “the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Clause (a) was substituted by Mah. 27 of 1999, s. 129. These words were substituted for the words “proposed to be acquired” by Bom. 34 of 1954, s. 17(1). These words were substituted for the original by Bom. 34 of 1954, s. 17(2).

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scheme.— (1) (a) On receipt of the sanction of

1[the

2[State] Government], the Commissioner shall forward to

3[the

4[State] Government] a declaration for notification under the signature of a Secretary to

5[the

6[State] Government], stating the fact of such sanction and that the land proposed to be acquired by the corporation for the purposes of the scheme is required for public purpose.

1. (b) The declaration shall be published in the 7[Official Gazette] and shall state the limits within

which the land proposed to be acquired is situate, the purpose for which it is needed, its approximate

area, and the place where a plan of the land may be inspected.

1. (c) The said declaration shall be conclusive evidence that the land is needed for a public purpose, and the Commissioner shall upon the publication of the said declaration, proceed to execute the scheme.

1. (2) (a) If at any time, it appears to the Commissioner, the 8[Improvements Committee] or the Corporation, as the case may be, that an improvement can be made in any part of the scheme, the Corporation may alter the scheme for the purpose of making such improvement, and thereupon the Commissioner shall, subject to the provisions contained in the next two clauses of this sub-section, forthwith proceed to execute the scheme as altered.
   • (b) If the estimated net cost of executing the scheme as altered exceeds by ten per cent. the estimated net cost of executing the scheme as sanctioned, the Commissioner shall not, without the previous sanction of the Corporation and of 9[the 10[State] Government], proceed to execute the scheme as altered.
   • (c) If the scheme as altered involves the acquisition, otherwise than by agreement of any land other than that specified in the schedule accompanying the scheme under sub-section (3) of section 354L the

provisions of sections 354G and 354L and of sub-section (1) shall apply to the part of the scheme so

altered, in the same manner as if such altered part were the scheme.

11[Corporation] to acquire it or to withdraw from the proposal.— If, within three years from the declaration aforesaid, the Corporation fail to acquire land or any part of the land proposed to be acquired for the purposes of any scheme notified after the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), comes into operation, the owner of any land included in the declaration may, by written notice setting out the particulars of such land, call upon the Corporation to acquire such land or to withdraw from the proposal to acquire it. Thereafter the procedure prescribed in sub-sections (2) to (4) of section 354-I shall be followed. Police Accommodation Schemes

1. (1) When a representation is made by 12[the 13[State] Government] to the Corporation that within any part of 14[Brihan Mumbai] accommodation is required for housing any part of the police of The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The word “Official Gazette” were substituted for the words “Bombay Government Gazette,” by the Adaptation of Indian Laws Order in Council. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 130. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Committee” by Mah. 27 of 1999, s. 131. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

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1[Brihan Mumbai], the Corporation shall take such representation into their consideration, and, if satisfied of the sufficiency of their resources and that it is otherwise expedient, shall pass a resolution to the effect that a scheme for providing such accommodation ought to be made, and shall direct the Commissioner to forthwith proceed to make a police accommodation scheme.

1. (2) The police accommodation scheme may provide for constructing dwellings, police stations and accessory buildings for any or all classes of such Police, and for acquiring, raising and levelling any land required for the execution of the scheme.

Upon completion of a police accommodation scheme, the provisions of sections 354G to 354M shall, with all necessary modifications, be applicable to the scheme in the same manner as if the scheme were an improvement scheme.

1. (1) When such scheme is sanctioned by 2[the 3[State] Government], in the case of land specified in Schedule W, 4[the 5[State] Government] shall resume the land, and the said land shall thereupon vest in the Corporation.
2. (2) The Commissioner shall then proceed to execute the police accommodation scheme.
3. (3) Any building constructed under this section shall with the site be held by 6[the 7[State] Government] for police purposes for a term of sixty years from the date of the completion of the building, and 8[the 9[State] Government] shall, during the said period, pay yearly to the Corporation by way of rent a sum equal to the total of—
   • (a) the annual interest payable by the Corporation on all moneys, which they have spent on the scheme, and
   • (b) sinking fund, charges so calculated that at the end of the said period the aggregate in the sinking fund shall amount to the total sum spent on the scheme such total sum shall include—
     • (i) all moneys spent on interest and sinking fund charges up to the date of the commencement of the said period;
     • (ii) if and so far as the land included in the scheme is not part of the land specified in Schedule W the cost of such land;
     • (iii) preliminary expenses and an allowance for management and supervision up to the date of the commencement of the said period.
4. (4) The cost of such land for the purposes of this section shall be deemed to be—
   • (a) if and so far as the land has been acquired for the scheme, the actual cost of its acquisition, and
   • (b) in all other cases the market value of the land at the date of the declaration of the scheme. (5) 10[The 11[State] Government] shall maintain the building held by them under sub-section (3) in a state of proper repairs. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “The Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “The Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “The Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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1. (6) On the expiration of the period of sixty years the building and the land forming the site thereof shall vest absolutely in 1[Government].
2. (7) This section shall apply to all police accommodation schemes sanctioned, hereto for by 2[the 3[State] Government] in accordance with the provisions of the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), of the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), as if such schemes had been sanctioned under the provisions of this Act. 5[Clearance areas

1. (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.

1. (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.
2. (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.
3. (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.

The Land Acquisition Act, 1894 (I of 1894) (in this and the next succeeding sections referred to as “the Land Acquisition Act”) shall to the extent set forth in Schedule CC, regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement, and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof, subject to the provisions of this Chapter and to the provisions following namely:—

1. (1) A reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression land, as used in the Land Acquisition Act, shall be deemed to have the meaning assigned to it by clause (r) of section 3 of .this Act, and clause (b) of section 3 of the Land Acquisition Act shall, for the purposes of this Chapter, be read as if the words and parenthesis (including Government) were inserted after the words “includes all persons” and the words “or if he is the owner of any right created by legislative enactment over any street forming part of the land” were added after the words “affecting the land”;
2. (2) in the construction of sub-section (2) of section 4 of the Land Acquisition Act and the provisions of this Chapter, the provisions of the said sub-section shall, for the purposes of this Act, be applicable immediately upon the passing of a resolution under sub-section (1) of section 354-C, 354-O, 354-R, 354-RI, or 354-RM, as the case may be, and the expression ‘State Government’, shall be deemed to include the Commissioner, and the words “such locality” shall be deemed to mean the locality referred to in any such resolution;
3. (3) in the construction of the sections of the Land Acquisition Act deemed to form part of this Chapter and of the provisions of this Chapter, the publication of a notification under sub-section (1) of section 354G or 354P, or the publication of notice of a compulsory acquisition order having been made under clause (2) (a) of Schedule HH to this Act shall be deemed to be the publication of notification, under sub-section (1) of section 4 of the Land Acquisition Act and the date of publication of the declaration under section 354M or 354P or of publication of notice of a compulsory acquisition order having been confirmed under clause (1) of Schedule GG shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition Act: These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. These words were substituted for the words “Subject to the general or special orders issued in this behalf by the Mayor-in- Council, the powers of the Commissioner” by Mah. 27 of 1999, s. 143.

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Provided that where land is acquired under section 354-H or sub-section (3) of section 354I the date of publication of the notification under sub-section (1) of section 354-G shall be deemed to be the date of publication of a declaration under section 6 of the Land Acquisition Act: Provided further that the provisions of sub-section (2) of section 23 of the Land Acquisition Act shall apply when land, other than land forming part of any improvement scheme approved under section 354D, is acquired specifically under this Act for the purpose of a police accommodation scheme; and that in all other cases, in which land is notified for acquisition after the 1 st October 1933 (being the date on which the City of Bombay Municipal (Amendment) Act,

1933 (Bom. XIII of 1933) came into operation) additional compensation in consideration of the

compulsory nature of the acquisition shall be awarded on the scale set out in Schedule DD;

1. (4) the provisions of sub-section (1) of section 17 of the Land Acquisition Act to take possession of land shall apply to any land which the Commissioner is authorised to acquire under this Chapter as if it were waste or arable land needed urgently for a public purpose subject to the condition that the Corporation shall pay additional compensation in the form of interest not exceeding 6 per cent. on the compensation awarded from the date on which possession of land is taken by the Collector;
2. (5) in the construction of sub-section (2) of section 50 of the Land Acquisition Act and the provisions of this Chapter, the Commissioner shall be deemed to be “the local authority or Company concerned”;
3. (6) notwithstanding anything contained in sub-section (2) of section 49 of the Land Acquisition Act, it shall not be competent for the owner of any building, of which it is proposed to acquire only a part, to insist on the acquisition of his entire holding where the part proposed to be acquired can, in the opinion of the Collector, be served from the remainder without material detriment thereto: Provided that the Collector shall, if required by the owner of such building, refer the question whether such part can be served from the remainder without material detriment for the determination of the Court and the Court shall decide upon such a reference, as if it were a reference to the Court under the said sub-section:

Provided also that, if, in the opinion of the Collector, or in the event of, a reference of the

Court, the part proposed to be acquired cannot be served from the remainder without material detriment thereto, the State Government may, at the instance of the Commissioner, order the acquisition of the remainder, and in such case no fresh declaration shall be necessary, but the Collector shall without delay furnish a copy of the order of the State Government to the person or persons interested and shall thereafter take order for the acquisition of the remainder in like manner and with like powers in all respect as if the acquisition had originally been provided for in the improvement scheme or under a compulsory acquisition order, as the case may be;

1. (7) section 54 of the Land Acquisition Act shall not apply to any case of acquisition of land to which section 354SA applies.

In determining the amount of compensation to be awarded for any land or building acquired under this Act, the following further provisions shall apply:—

296 The Mumbai Municipal Corporation Act [1888 : III

1. (1) the Court shall take into consideration any increase to the value of any other land or building belonging to the person interested likely to accrue from the acquisition of the land or from the acquisition, alteration, or demolition of building;
2. (2) when any addition to, or improvement of, the land or building has been made after the date of

the publication under sub-section (1) of section 354G or section 354P of a notification relating to the

land or building, such addition or improvement shall not (unless it was necessary for the maintenance of the building in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made, so as to increase the amount of compensation to be paid for the land or the building;

1. (3) in estimating the market value of the land or building at the date of the publication of a notification relating thereto under sub-section (1) of section 354G or section 354P the Court shall have due regard to the nature and the condition of the property and the probable duration of the building if any in its existing state and to the state of repair thereof and to the provisions of clauses (4), (5) and (6) of this section;
2. (4) if in the opinion of the Court the rental of the land or building has been enhanced by reason of its being used for an illegal purpose, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the rental shall not be deemed to be greater than the rental which would be obtainable if the land or building were used for legal purposes only, or were occupied by such a number of persons only as it was suitable to accommodate without risk of such overcrowding; Explanation.— For the purposes of this sub-section overcrowding shall be interpreted as in sub-sections (4) and (5) of section 379A;
3. (5) if in the opinion of the Court the building is in a state of defective sanitation, or is not in reasonably good repair the amount of compensation shall not exceed the estimated value of the property after the building has been put into a sanitary condition, or into reasonably good repair, less the estimated expense of putting it into such condition, or repair;
4. (6) if in the opinion of the Court the building being used or intended or likely to be used for human habitation is not reasonably capable of being made fit for human habitation, the amount of compensation for the building shall not exceed the value of the materials, less the cost of demolition; 1[(7) the Court may award compensation in respect of the severance of any part of a building proposed to be acquired in addition to the value of that part;
5. (8) the compensation to be paid for land, including any buildings thereon, acquired as being land comprised in a clearance area shall be the value at the time valuation is made of the land as a site cleared of buildings and available for development in accordance with requirements of the building bye-laws for the time being in force: Provided that, this sub-section shall not have effect in the case of the site of a building properly included in a clearance area only on the ground that by reason of its bad arrangement in relation to other buildings or the narrowness or bad arrangement of the streets, it is dangerous or injurious to the health of the inhabitants of the area, unless it is a building constructed or adapted as, or for the purposes of, a dwelling, or partly for those purposes and partly for other purposes, and part thereof (not being a part used for other purposes) is by reason of disrepair or sanitary defects unfit for human habitation;
6. (9) the compensation to be paid for a building which the Commissioner is authorised to acquire under sub-section (2) of section 354RK as being unfit for human habitation and not capable at reasonable expenses of being rendered so fit shall be assessed in like manner as if it had been land acquired as being comprised in a clearance area.]

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

Clauses (7), (8) and (9) were inserted by Bom. 34 of 1954, s.19. 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

s. 21.

2[Building Loans]

1. (1) Subject to the provisions of this Act and of the bye-laws made thereunder the Commissioner may, with the previous sanction of the 3[Improvements Committee] advance loans to persons desiring to erect buildings on land vested in corporation in consequence of the transfer to them of the property of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925).
2. (2) Any person desiring to erect a building on any such land may make an application to the Commissioner in the form prescribed by the bye-laws for a loan to be advanced by way of a mortgage on the security of the building to be so erected; and the Commissioner may, after making such enquiry as he thinks necessary, and subject to conditions mentioned in sub-sections (1) and (3) and the bye-laws made under section 461, advance such loans.
3. (3) Every such loan shall be subject to the following, among other conditions:—
4. (1) that the building in respect of which the loan is advanced shall be used wholly or mainly for residential purposes;
5. (2) that the aggregate amount of the loan shall not exceed twenty thousand rupees in any individual case;
6. (3) that the period within which the loan shall be repayable shall not exceed twenty years from the date of the first occupation of the building;
7. (4) that the amount of the loan shall not exceed 60 per cent. of the cost of the building (including outhouses and other works, if any, connected therewith) irrespective of the period of repayment;
8. (5) that the person to whom the loan is advanced shall execute a mortgage of the building (including outhouses and other works, if any, connected therewith) together with the site on which These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 145(b). This heading was inserted by Bom. 34 of 1954, s. 22. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 146.

1888 : III] The Mumbai Municipal Corporation Act 299

they are erected in favour of the corporation containing such covenants and conditions as may be prescribed in the bye-laws.

5[State] Government.—

6[The

7[State] Government] shall pay to the Corporation from the date on which the City of Bombay Municipal (Amendment) Act, 1933, (Bom. XIII of 1933) comes into operation and until the ninth day of November 1997 all rents and profits derived by

8[the

9[State] Government] from the lands specified or referred to in Schedule Z].

Bom. LXIX of 1948.— Notwithstanding anything contained in this chapter, no improvement scheme shall be made for any area for which a housing scheme has been sanctioned under the provisions of

2[the Maharashtra Housing and Area Development Act, 1976 (Mah.

1. (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. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. The words “The Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 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. These headings, sections were substituted for sections 354R and 354S by Bom. 34 of 1954, s. 18. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “after obtaining the approval of the Mayor-in-Council” were deleted by Mah. 27 of 1999, s. 132. 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

1. (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.
2. (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.
3. (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.
4. (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.
5. (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.

1. (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.
2. (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.
3. (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. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 133(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 133(c). The words “either with or without modifications “were deleted by Mah. 10 of 1998, s. 161 (c)(ii). 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

1. (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.
2. (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.

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.

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.

1. (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.

1. (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.
2. (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.
3. (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.

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

The words “the Commissioner and approved by” were deleted by Mah. 10 of 1998, s. 161(d). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 134(a). The words “of the Mayor-in-Council and” were deleted by Mah. 27 of 1999, s. 134(b). 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 —

1. (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
2. (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.

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,—

1. (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
2. (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.

1. (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. (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.

These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 135. 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

1. (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.

1. (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.
2. (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.

1. (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. (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. (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

1. (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. (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. (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 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 136(b). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

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. 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.

1. (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. (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. (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. (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. (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. (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. (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. 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). 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). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 138(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 138(b). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

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1. (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.
2. (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.

1. (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. (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. (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. (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. (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. (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.

1. (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.
2. (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. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 138(b).

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General provisions as to land purchased for clearance or re-development

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.

1. (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.
2. (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

1. (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.

The Commissioner may for the purpose of the foregoing section on behalf of the Corporation—

These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 140. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 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

1. (a) acquire any land including any buildings thereon as a site for the erection of buildings for the poorer classes;
2. (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.

1. (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. (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. (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. (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.

(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—

1. (a) lay out and construct public streets or roads and open spaces on the land;
2. (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;

1. (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; These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 141. These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142.

294 The Mumbai Municipal Corporation Act [1888 : III

1. (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.

1. (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.

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

1. (1) For the purposes of the acquisition of land under a compulsory acquisition order made and confirmed under the provisions of this Chapter, the functions of the Court under the Land Acquisition Act shall be performed by a Tribunal having the constitution and powers set forth in Schedule II and in the construction of the said Act and

the provisions of this Chapter the Tribunal shall be deemed to be the Court, and the President of the

Tribunal shall be deemed to be the Judge.

1. (2) The award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, and shall be final: Provided that in any case in which the President may grant a certificate that the case is a fit one for appeal, there shall be an appeal to the High Court from the award or any part of the award of the Tribunal.
2. (3) Every award of the Tribunal, and every order made by the Tribunal for the payment of money, shall be enforced by the Bombay City Civil Court as if it were a decree of that Court.]

(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.

1. (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.
2. (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.
3. (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.

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.

1. (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. (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. (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— This heading and sections 354UA, 354UB and 354UC were inserted by Bom. 34 of 1954, s. 20. 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). These words were substituted for the words, “the Member-in-charge” by Mah. 27 of 1999, s. 144(b). These words were substituted for the words, “Member-in-charge” by Mah. 27 of 1999, s. 144(c)(1). These words were substituted for the words “as he thinks fit,” by Mah. 27 of 1999, s. 144(c)(2). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s.145(a). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s.145(a).

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1. (a) the date declared by 1[the Improvements Committee] under sub-section (1) as aforesaid;
2. (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.

1. (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.
2. (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.
3. (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.
4. (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.

(1) Subject to the provisions of this Act and of the bye-laws made thereunder, the Commissioner may, with the previous sanction of the

2[Improvements Committee] advance loans to persons—

1. (a) constructing or altering or undertaking to construct or alter buildings, intended for poorer classes;
2. (b) carrying out or undertaking to carry out repairs to such buildings:

Provided that, the Commissioner considers that having regard to the cost of those repairs or the

financial position of the applicant, it is reasonable to give such assistance.

1. (2) Person referred to in sub-section (1) desiring assistance by way of loan may make an application to the Commissioner in the form prescribed by the bye-laws for a loan to be advanced by way of a mortgage on the security of the building to be so constructed, altered or repaired, and the Commissioner may, after making such inquiry as he thinks necessary and subject to the conditions mentioned in sub- section (3) and the bye-laws made under section 461, advance such loans.
2. (3) Every such loan shall be subject to the following among other conditions:—
   • (a) that the building in respect of which the loan is to be advanced will, when the construction, alteration or repair has been completed be in all respects fit for human habitation and shall be used wholly or mainly for residential purposes;
   • (b) that the amount of the loan with interest thereon shall be secured by a mortgage of the building (including outhouses and other works, if any, connected therewith) together with the site on which they are erected in favour of the Corporation containing such covenants and conditions as may be prescribed in the bye-laws;
   • (c) that the period within which the loan shall be repayable shall not exceed thirty years from the date on which the construction, alteration or repair has been completed;
   • (d) that the amount of the loan shall not exceed sixty per cent. of the cost of building irrespective of the period of repayment, and in no case shall exceed Rs. 30,000;
   • (e) that, where the property intended to be mortgaged consists of a leasehold interest, no loan shall be made unless the unexpired period of the lease is not less than forty years from the date of the granting of the lease.

1. (1) The Commissioner, for the purpose of section 354RM may, with the previous approval of the 3[Improvements Committee] promote the formation or extension of or, subject to the provisions of this Act assist a housing association, as hereafter defined.
2. (2) Where a housing association is desirous of erecting dwellings for the poorer classes, the Commissioner may, for this purpose with the previous approval of the 4[Improvements Committee] acquire land with a view to selling or leasing it to the association and the provisions of section 354RO as to the acquisition of land by the Commissioner shall apply accordingly.
3. (3) The Commissioner may, for the assistance of a housing association, with the previous approval of the 5[Improvements Committee], make grants or loans to the association on such terms and subject to such conditions as to rate of interest and repayment or otherwise and on such security as the 6[Improvements Committee] may think fit. Sections 354WA, 354WB and 354WC were inserted by Bom. 34 of 1954, s. 23. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 147. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999 s. 148. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999 s. 148. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999 s. 148. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999 s. 148.

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1. (4) For the purposes of this section, “housing association” means a society including a Co-operative Housing Society, body of trustees or company established for the purpose of, or amongst whose objects or powers are included those of, constructing, improving or managing or facilitating or encouraging the construction or improvement of, houses for the poorer classes, being a society, body of trustees or company who do not trade for profit.

Whenever any land specified in Schedule W is resumed by the State Government or any land specified in Schedule Y and vested in the Corporation is taken possession of by the State Government under the provisions of this Act, the market value of the land at the date of resumption as determined by the Collector, or in appeal by the High Court, shall be paid to the Corporation by the State Government.]

2[Improvements Committee] grant a loan to an

officer or servant of the Corporation (who is eligible for such loan under the bye-laws) for constructing or purchasing a house in

3[Brihan Mumbai] or for purchasing, on ownership basis, a flat in a Co-operative Housing Society or an apartment under the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971) in

4[Brihan Mumbai] or in such adjoining areas as may be specified in the bye-laws.] Provisions relating to lands comprised in Schedules W, Y and Z