section 4
Declaration of acquisition of right of user in land.
The Maharashtra Underground Pipelines and Underground Ducts (Acquisition of Right of User in Land) Act, 2018Infrastructure201819 sections
Statutory text
- (1) Where no objections under subsection (4) of section 3 have been made to the Competent Authority within the period specified therein or where the Competent Authority has passed final order under sub-section (5) of the said section 3, the Competent Authority shall declare, by notification in the Official Gazette within thirty days from the date of passing of order under sub-section (5) of section 3, that the right of user in the land for laying underground pipelines or for creating underground ducts should be acquired: Provided that, if the Competent Authority fails to issue a declaration, within thirty days from the date of passing of order under sub-section (5) of section 3, the declaration under sub-section (1) of section 3 shall be deemed to be lapsed: Provided further that, nothing in the preceding proviso shall preclude issuance of a fresh notification under sub-section (1) of section 3.
- (2) On the publication of the declaration under sub-section (1), the right of user in the land specified therein shall vest absolutely in the State Government free from all encumbrances.
- (3) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions, as it may think fit, direct, by an order in writing, that the right of user in the land for laying the underground pipelines or for creating underground ducts shall, instead of vesting in the State Government, vest in the Corporation or Urban Local Body proposing to lay underground pipelines or to create underground ducts, free from all encumbrances.
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