Power of Commissioner to make declaration of aesthetic harmony.

1. (1) The

Commissioner, after obtaining approval of the State Government, may, by notification in the Official

Gazette, and by advertisement in not less than two local newspapers, declare that with a view to creating aesthetic harmony, maintaining architectural character and beautifying and improving the aesthetic

Sections 354AB and 354AC were inserted by Mah. 9 of 2011, s. 2. Section 354 AB is not yet brought into force. Section 354AC was brought into force with effect from the 1 st November 2011, vide G.N., U.D.D., No. BMC- 5007/267/C.R. 71/UD-32, dated the 1 st November 2011.

1888 : III] The Mumbai Municipal Corporation Act 277

appearance of a particular urban space, the external appearance of any building or buildings including any fixtures thereof, and a boundary wall, if any, either existing on the date of publication of declaration or proposed to be constructed and completed thereafter and located on any street in any locality or part thereof in the municipal area specified in such declaration, be kept and maintained in such manner and within such time as may be indicated in such declaration.

1. (2) Before publication of the notification under sub-section (1), the Commissioner shall cause to be given a notice by advertisement in the Official Gazette and in not less than two local newspapers announcing his intention to issue such declaration, and inviting all persons who entertain any objection or who desire to make any suggestions to the said proposal to submit the same in writing, with the reasons therefor, to the Commissioner within one month from the date of the publication of such notice in the Official Gazette. After expiry of the said period of one month, the Commissioner shall consider the objections and suggestions within one month.
2. (3) Where the owner fails to comply with the requirements under the declaration under sub-section (1), within the period specified, the Commissioner may take or cause to be taken such steps to carry out the work required to be executed under the declaration; and the expenses incurred by the Corporation in respect thereof shall be recovered from the owner as if the amount thereof were arrears of property tax due by the said owner and shall be payable by the owner on demand.
3. (4) If there is any dispute about the amount of expenses for which demand is made under sub- section (3), an appeal may be preferred by the owner to the Chief Judge of the Small Causes Court, but no such appeal shall be entertained by the said Chief Judge unless,—
   • (i) it is preferred within twenty-one days from the date of receipt of notice of such demand ;
   • (ii) the amount for which demand is made is deposited with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal.
4. (5) In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Corporation is more than the amount payable by the appellant, the Commissioner shall adjust

the excess amount with interest at 6.25 per cent. per annum from the date on which the amount is so

deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.]