Section 354RI in The Mumbai Municipal Corporation Act, 1888
354RI. Power to declare an area to be a re-development area.
(1)If it shall appear to the Commissioner in respect of any area in any part of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], that the following conditions exist, that is to say-(a)that the area contains fifty or more dwellings for the poorer classes;(b)that at least one-third of the poorer class dwellings in the area are overcrowded, or unfit for human habitation and not capable at a reasonable expense of being rendered so fit, or so arranged as to be congested;(c)that it is expedient in connection with the provision of housing accommodation for the poorer classes that the area should be re-developed as a whole;the Commissioner shall cause that area to be defined on a plan and shall submit a draft [re-development scheme for the approval of] [These words were substituted for the words re-development scheme to the Mayor-in-Council for the approval of by Maharashtra 27 of 1999, Section 137 (w.e.f. 23-4-1999).] the Corporation. On the submission of such a draft re-development scheme, the Corporation shall take into consideration such scheme and approve the same with or without alteration as they think fit. The Corporation shall then pass a resolution declaring the area so defined and approved by them to be a 're-development area.'(2)As soon as may be after the Corporation have passed a resolution under the foregoing sub-section, the Commissioner on behalf of the Corporation shall transmit to the State Government a copy of the resolution and of the plan, and shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] a notice stating that the resolution has been passed and naming a place where a copy of the resolution and of the plan may be inspected at all reasonable hours.(3)Before any area is declared to be a re-development area, it shall be the duty of the Corporation to satisfy themselves as to the sufficiency of their resources and to ascertain the number of persons who are likely to be dishoused in such area and thereafter to take such measures as are practicable whether in the arrangement of their programme or otherwise so as to ensure that as little hardship as possible is inflicted on those dishoused.
