Section 284H in The Bombay Provincial Municipal Corporations Act, 1949
284H. Extinguishment of ways, easements, etc., over land required under sections 284, 284C and 284G. - (1) The Commissioner may, with the approval of the State Government, by order extinguish any public right of way over land acquired by agreement under section 284, 284C or 284G, provided that an order intended to be made by the Commissioner under this sub-section shall be published along with a notice inviting objections. Simultaneously in the Official Gazette and in three or more newspapers circulating within the City and, if any objections thereto is made to the State Government before the expiration of six weeks from the publication thereof, the State Government shall not appoint the order until it has considered all such objections.
(2)Where the Commissioner proposes to acquire under the sections referred to in sub-section (1) land over which a public right of way exists, it shall be lawful under this section for the Commissioner to make and the State Government to approve, in advance of the acquisition an order extinguishing that right as from the date on which the buildings on the land are vacated or at the expiration of such period after that date as may be specified in the order, or as the State Government in approving the order may direct.(3)Upon the completion of the purchase of the land which the Commissioner on behalf of the Corporation has acquired by agreement under the sections referred to in sub-section (1), all private rights of way in, and all private rights under or over that land and all other rights or easements in or relating to that land shall be extinguished, and any person who suffers loss by the extinguishment of any such rights or casement shall be entitled to be paid by the Corporation compensation of such amount as might have been awarded to a person interested in such rights or easements as if the land to which the same relate had been acquired under a compulsory acquisition order, for which the notice required under clause 2(a) of Schedule C to this Act had been published on the date of completion of the purchase:Provided that this sub-section shall not apply to any rights vested in Government or to any rights belonging to any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility, and shall have effect as respects other matters subject to any agreement which may be made between the Commissioner and the person in or to whom the right in question is vested or belongs.Provision of Housing Accommodation for the Poorer Classes
