Section 38 in The Gujarat Rural Housing Board Act, 1972
38. Vesting in panchayat 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 30 and(b)that such lamps, lamp-posts and other apparatus as the panchayat 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 Government may declare the street to be a public street, and the street shall thereupon vest in panchayat and shall thenceforth be maintained, kept in repair, lighted and cleaned by the panchayat.(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 panchayat concerned by resolution of the Board, and shall thereupon vest in and be maintained at the expense of the panchayat:Provided that the panchayat may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay out such space and provided 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 panchayat in respect of any matter referred to in the foregoing provision of this section, the matter shall be referred to the State Government whose decision shall be final.
