Section 354RK in The Mumbai Municipal Corporation Act, 1888
354RK. Acquisition of land for purposes of re-development.
(1)When the State Government's approval of a re-development plan has become operative, the Commissioner may acquire by agreement, upon obtaining the requisite sanction under section 90, or he may, with the sanction of the [Improvements Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 139, (w.e.f. 23-4-1999),], be authorised by means of an order made and submitted to the State Government and confirmed by them in accordance with Schedule HH to this Act, to acquire compulsorily-(a)land in the re-development area; and(b)any land outside that area which may be required for the purpose of providing accommodation for persons occupying premises within that area which have been or are intended to be acquired by agreement, or in respect of which compulsory acquisition orders have been submitted.(2)Where the Commissioner submits to the State Government an order for the compulsory acquisition under this section of land which comprises or consists of a building which in his opinion is unfit for human habitation and not capable at reasonable expense of being rendered so fit, the order as submitted shall be in a form prescribed for the purpose of indicating that the building is in that condition, and, if in the opinion of the State Government the building is properly so indicated, the order as confirmed may authorise the Commissioner to acquire the building as being in that condition.(3)The provisions of Schedule GG to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section(4)Nothing in this section shall authorise the compulsory acquisition of any land or building vested in the Central Government or in the Trustees of the Port of Bombay without the previous sanction of the Central Government, or any land or building vested in the State Government or belonging to any Corporation authorised by taw to construct, work and carry on any tramway, gas, electricity, water or other public undertaking without the previous sanction of the State Government.(5)Land acquired by the Commissioner under this section for the provisions of houses for the poorer classes shall be deemed to have been acquired by him under section 354RN.(6)Land acquired by the Commissioner under this section otherwise than for the provision of houses for the poorer classes may, with the sanction of the requisite authority under section 92, be sold or leased to any person or if such land is not abutting on any public street may with like sanction be exchanged for other land which the Commissioner has power to acquire either with or without paying or receiving money for equality of exchange, subject, in the case of and in the re-development area, to conditions for securing that it shall be re-developed or used in accordance without the re-development plan.(7)When the State Government's approval of a re-development plan has become operative and the plan comprises any land of the Corporation, the provisions of this Act shall apply in relation to that land as if it had been land in the re-development area acquired by the Commissioner under this section.(8)When the State Government's approval of a re-development plan has become operative, no person shall construct or reconstruct any building or any portion of a building within the re-development area to which the plan relates except with the written permission of the Commissioner, who in granting such permission may impose such conditions approved by the Corporation generally or specially, as will, in his opinion, ensure that the construction or reconstruction shall only proceed in accordance with the re-development plan.General provisions as to land purchased for clearance or re-development
