Right of owner to demand acquisition or withdrawal by the corporation after the lapse

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notice to the owner that he has withdrawn the proposal to acquire.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

282 The Mumbai Municipal Corporation Act [1888 : III

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.