Section 289 in The Mumbai Municipal Corporation Act, 1888
289. Vesting of public streets in the corporation.
(1)All streets within [Brihan Mumbai] [These words were substituted for the Nerds 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] being or which at any time become public streets, and the pavements, stones and other materials thereof shall, vest in the corporation and be under the control of the Commissioner:[Provided that no public street which on the day immediately preceding the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950, [or the day immediately preceding the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956] [This proviso was added by Bombay 7 of 1950, Section 21.], vested in Government shall, unless the State Government so directs, vest in the corporation by virtue of this sub-section].Powers of Commissioner in respect of public street.(2)The Commissioner shall from time to time cause all such streets to be levelled, metalled or paved, channelled, altered and repaired, as occasion shall require; he may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of foot passengers:Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed [ten lakhs rupees] [These words were substituted for the words 'three lakhs rupees' by Maharashtra 10 of 1998, Section 129(a).] shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the [Corporation] [These words were substituted for the words 'Mayor-in-council' by Maharashtra 27 of 1999, Section 108, (w.e.f. 23-4-1999).].(3)With the sanction of the corporation the Commissioner may permanently close the whole or any part of a public street:Provided that such sanction of the corporation shall not be given unless, one month at least before the meeting at which the matter is decided, a notice signed by the Commissioner has been put up in the street or part of a street which it is proposed to close, informing the residents of the said proposal, nor until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting, nave been received and considered by the corporation.
