39. Vesting in municipal body [* * * *] [The words 'or local board', were deleted by Gujarat 1 of 1973,. 30(3).] of streets 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 in the manner provided in the programme sanctioned by the State Government under section 29, and(b)that such lamps, lamp-posts and other apparatus as the municipal body [* * *] [The words 'or the local board, as the case may be' were deleted by Gujarat 1 of 1973, section 30(1).] considers necessary for the lighting of such street and as ought to be provided by the Board has 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 thereupon vest in municipal body [* * * * *] [The words 'or the local board, as the case may be' were deleted by Gujarat 1 of 1973, section 30(2).] and shall henceforth be maintained, kept in repair, lighted and cleaned by the municipal body [* * *] [The words 'or local board', were section 30(3).].(2)When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon 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 Municipal body, [* * *] [The words 'or the local board, as the case may be' were deleted by Gujarat 1 of 1973, section 30(1).] in respect of and matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final.
