Section 354H in The Mumbai Municipal Corporation Act, 1888
354H. Right of owner to demand acquisition on issue of notification when building operations are in progress.
(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.(2)On receipt of such notice the Commissioner shall forthwith report the matter [to the Improvement Committee and the said Committee] [These words were substituted for the words 'to the Mayor-in-Council, who' by Maharashtra 27 of 1999, Section 125, (w.e.f. 23-4-1999).] 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either proceed to acquire such land or shall give written notice to the owner that the proposal to acquire has been withdrawn.(3)If the corporation decide to acquire the land the Commissioner shall give notice of such decision to the Collector and to the owner; and the Collector shall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.(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.(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 354-G:Provided that the provisions of sub-sections (2) and (3) of section 354-G 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.] [Sub-section (5) was inserted by Bombay 34 of 1954, Section 13.]
