Section 439(1) in The Mumbai Municipal Corporation Act, 1888
(1)If, after personal inspection, the Commissioner shall at any time be of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of the last preceding section or under any other law or authority, has by lapse of time become no longer injurious to health, and may without risk of danger be again used for the said purpose, he may submit his said opinion, with the reasons therefor, to the corporation, he shall forward the same, with their opinion, for the consideration of the [ [State] [The words 'Provincial Government' were substituted for the words 'Government in Council' by the Adaptation of Indian Laws Order in Council.] Government].