Section 43 in The Bihar State Housing Board Act, 1982
43. Transferring streets laid out or altered and open space provided by the Board under a housing or an improvement scheme.
(1)The Board may hand over any road or street to the Local Authority concerned after giving a month's notice, when-(a)any such road or street laid out or altered by the Board has been duly levelled, metalled, flagged channeled, sewered, and drained in the manner provided in the Scheme sanctioned by the Board or the Government;(b)lamp posts necessary for the lighting of street have been provided by the Board; and(c)water and other sanitary conveniences have duly been provided in such streets.(2)The Local Authority concerned may after receiving the notice from the Board under sub-section (1) declare the street to be a public street, and the street shall thereupon vest in the Local Authority, and shall henceforth be maintained, kept in repair, lighted and cleansed by the Local Authority.(3)When any open space for the purposes of ventilation or recreation has been provided by the Board in executing a housing or improvement scheme, it shall, on completion, be transferred to the Local Authority concerned by a resolution of the Board and, it shall thereupon vest in the Local Authority concerned and thereafter be maintained by that Local Authority at its expense;Provided that the local authority may require the Board before and such open space is so transferred to enclose, level, turf, drain and lay out such space and provide footpath therein and, if necessary to provide lamps and other apparatus for lighting it.(4)If any difference of opinion arises between the Board and the Local Authority in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the Government whose decision shall be final.
