349. Acquisition of land and buildings for improvement of streets.
(1)A Municipality may acquire,-(a)Any land required for the purpose of opening, widening , extending or otherwise improving any public street or of making any new public street and the buildings if any, standing up on such land; and(b)Any land outside the proposed street alignment, with the buildings, if any, standing thereupon:Provided that, in any case in which it is decided to acquire any land under clause (b) the owner of such land may retain it by paying to the Municipality an annual sum to be fixed by the Municipality in that behalf or a lump-sum to be fixed by it, not being less than twenty-five times, of such annual sum and subject to such conditions as the Municipality thinks fit as to the removal of the existing building, if any, the description of the new building , if any, to be erected , the period within which, the new building, if any, shall be completed and any other similar matters.(2)Where any sum payable in pursuance of the proviso to sub-section(l) in respect of any land is not duly paid, the same shall be recoverable in the manner provided in this Act for the collection of property tax, and, if not so recovered , the Secretary may enter upon the land, and sell it with any erections standing thereon, by public auction subject to the conditions, if any, imposed upon under sub-section(l) and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance if any, to the defaulter.(3)Any sum paid in pursuance of the proviso to clause (b) of sub-section (1) or recovered under sub-section(2) in respect of any land shall be left out of account in determining the annual value of such land for the purpose of assessing to the property tax.(4)Any land or building acquired under clause(b) of sub-section (1) may be sold, leased or otherwise disposed of after public advertisement, and any deed of conveyance made for that purpose may comprise such conditions as the Municipality thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which, the new building, if any, shall be completed and any other similar matters.(5)The Municipality may require any person to whom any land or building is transferred under sub-section(4) to comply with the condition, if any, comprised in the deed of conveyance in respect of the said transfer.
