section 354RJ
Re-development plan.
The Mumbai Municipal Corporation ActInfrastructure616 of 442 sections available16 chapters
Chapter XII A
Statutory text
- (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) 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) 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) 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) 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) 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) 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.
1888 : III] The Mumbai Municipal Corporation Act 291
- (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.
- (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.
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