Section 59 in The Orissa Town Planning and Improvement Trust Act, 1956
59. Vesting in Municipality of streets laid out or altered and open spaces provided by the Planning authority under an improvement scheme.
(1)Whenever the Municipality is satisfied-(a)that any street laid out or altered by the Planning authority, has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the State Government under Section 46;(b)that such lamps, lamp posts and other apparatus as the Municipality considers necessary for the lighting of such street and as ought to be provided by the Planning authority have been so provided; and(c)that water and other sanitary convenience ordinarily provided in the Municipal area have been duly provided in such street;the Municipality may, with the previous approval of the State Government and after informing the Planning authority of its intention to do so; by written notice affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall, thereupon vest in the Municipality, and shall henceforth be maintained, kept in repair, lighted and cleansed by the Municipality.(2)When any open space for purposes of ventilation or recreation has been provided by the Planning authority, in executing any improvement scheme, it shall on completion, be transferred to the Municipality by resolution of the said authority and shall thereupon vest in, and be maintained at the expense of the Municipality :Provided that the Municipality may require the Planning authority before any such open space is so transferred to enclose, level, turf, drain and layout such space and provide footpaths therein and, if necessary to provide lamps and other apparatus for lighting it.(3)If any difference of opinion arises between the Planning authority and the Municipality in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final.
