Section 354M in The Mumbai Municipal Corporation Act, 1888
354M. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration the Commissioner to be authorised to execute the scheme.
(1)(a)On receipt of the sanction of [the [State] [The words the Provincial Government were substituted for the word Government by the Adaptation of Indian Laws Order in Council.] Government], the Commissioner shall forward to [the [State] [The words the Provincial Government were substituted for the word Government by the Adaptation of Indian Laws Order in Council.] Government] a declaration for notification under the signature of a Secretary to [the [State] [The words the Provincial Government were substituted for the word Government by the Adaptation of Indian Laws Order in Council.] Government] stating the fact of such sanction and that the land proposed to be acquired by the corporation for the purposes of the scheme is required for public purpose.(b)The declaration shall be published in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] and shall state the limits within which the land proposed to be acquired is situate, the purpose for which it is needed, its approximate area, and the place where a plan of the land may be inspected.(c)The said declaration shall be conclusive evidence that the land is needed for a public purpose, and the Commissioner shall upon the publication of the said declaration, proceed to execute the scheme.(2)(a)If at any time, it appears to the Commissioner, the [Improvement Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 130, (w.e.f. 23-4-1999).] or the corporation, as the case may be, that an improvement can be made in any part of the scheme, the corporation may after the scheme for the purpose of making such improvement, and thereupon the Commissioner shall, subject to the provisions contained in the next two clauses of this sub-section, forthwith proceed to execute the scheme as altered.(b)If the estimated net cost of executing the scheme as altered exceeds by ten per cent the estimated net cost of executing the scheme as sanctioned, the Commissioner shall not, without the previous sanction of the corporation and of [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], proceed to execute the scheme as altered.(c)If the scheme as altered involves the acquisition, otherwise than by agreement of any land other than that specified in the schedule accompanying the scheme under sub-section (3) of section 354L the provisions of section 354G and 354L and of sub-section (1) shall apply to the part of the scheme so altered, in the same manner as if such altered part were the scheme.
