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State of Maharashtra - Section

Section 299 in The Mumbai Municipal Corporation Act, 1888

299. Acquisition of open land or of land occupied by platforms, etc., within the regular line of a street.

(1)If any land not vesting in the corporation, whether open or enclosed, lies within the regular line of a public street, and is not occupied by a building, or if a platform, verandah, step or some other structure external to a building abutting on a public street, or a portion of a platform, verandah, step or other such structure, is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building not less than seven clear days' written notice of his intention so to do, take possession on behalf of the corporation of the said land with its enclosing wail, hedge or fence, if any, or of the said platform, verandah, step or other such structure as aforesaid, or of the portion of the said platform, verandah, step or other such structure aforesaid which is within the regular line of the street, and, if necessary, clear the same and the land so acquired shall thenceforward be deemed a part of the public street.[Explanation. - For the purposes of acquisition of open land lying within the regular line of a public street, and not occupied by a building constructed before the 25th March, 1991 and occupied without obtaining the permission to occupy the building from the Commissioner under section 353A, 'owner' of the said land or building means a co-operative housing society or a federation of co-operative housing societies registered under the Maharashtra Co-operative Societies Act, 1960 or any condominium or a company incorporated under the Companies Act, 1956 with limited liability or an association of person or any ad hoc body formed by the occupants of the building.] [This Explanation was added by Maharashtra 22 of 2008, Section 2(ii) Temporarily for a period of three years, w.e.f. 12-5-2008.]
(2)Provided that where the land or building is vested in [the [Government] [These words were substituted for the words 'Her Majesty or' by the Adaptation of Indian Laws Order in Council.] possession shall not be taken as aforesaid without the previous sanction of the Government concerned and, when the land or building is vested] in any corporation constituted by Royal Charter or by an Act of Parliament, [of the United Kingdom] [These words were inserted by the Adaptation of Laws Order, 1950.] or [by an Indian law,] [The words 'by an Indian Law' were substituted for the words 'of the Governor General of India in Council or of the Governor in Council' by the Adaptation of Indian Laws Order in Council.] possession shall not be taken as aforesaid without the previous sanction of [the [State] [The words 'the Provincial Government' were substituted for the word Government by the Adaptation of Indian Laws Order in Council.] Government].