36. Vesting in Corporation, Municipality or Mohkuma Parishad, of street laid out or altered and open space provided by the Board under Housing Scheme.
(1)Whenever the State Government is satisfied -(a)That any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained as required for any housing scheme included in the Budget approved by the State Government under section 28, and(b)That such lamps, lamp-posts and other apparatus as the Corporation, the Municipality or Mohkuma Parishad, as the case may be, considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided, and(c)That water and other sanitary conveniences have been duly provided in such street, the State Government may declare the street to be a public street and the street shall there upon vest in the Corporation, Municipality or Mohkuma Parishad as the case may be, and shall thenceforth be maintained, kept in repair, lighted and cleaned by the Corporation, Municipality or Mohkuma Parisahd.(2)When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme, the Board may at its option by resolution transfer such open space to the local authority concerned on completion of the scheme and thereupon such open space shall vest in, and be maintained at the expense of the local authority:Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay-out such space and provide footpaths therein and if necessary to provide lamps and other apparatus for lighting it.(3)If any difference of opinion arises between the Board and the Corporation, Municipality or Mohkuma Parishad in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final.
