Section 354I in The Mumbai Municipal Corporation Act, 1888
354I. Right of owner to demand acquisition or withdrawal by the operation after the lapse of two years from the date of notification.
(1)The owner of any land included in any statement of the land proposed to be acquired made in accordance with any notification drawn up under section 354G may at any time before the publication of declaration under section 354M and after the expiry of one year from the date of such notification by written notice to the Commissioner setting out the particulars of such land call upon the Commissioner to acquire such land on behalf of the corporation.(2)On receipt of such notice the Commissioner shall forthwith report the matter to [the Improvement Committee and the said Committee shall resolve whether in their opinion it is desirable to acquire the land set out in the notice and shall communicate their resolution within two months to the Corporation which shall within two months after the receipt thereof Communicate to the Committee and Commissioner the decision of the Corporation in the matter] [This portion was substituted by Maharashtra 27 of 1999, Section 126, (w.e.f. 23-4-1999).] and thereupon the Commissioner shall in accordance with such decision either decide to acquire such land or shall give notice to the owner that he has withdrawn the proposal to acquire.(3)If the corporation decide to acquire the land they shall instruct the Commissioner to give notice of such decision to the Collector and to the owner, and the Collector shall proceed as if a declaration had been made in respect of the land in question under section 6 of the Land Acquisition Act, 1894.(4)If the corporation withdraw from the proposal to acquire any land under sub-section (2) such land shall not be included in any statement of land proposed to be acquired made in accordance with any notification drawn up under section 354G until the expiry of two years from the date of the issue of written notice of withdrawal to the owner.(5)[ Notwithstanding anything contained in this section if the Corporation withdraw from the proposal to acquire any land under sub-section (2) such land shall be deemed to have been included in any statement of land in respect of which it is proposed to levy a betterment charge, made in accordance with any notification drawn up under section 354-G:Provided that the provisions of sub-section (2) and (3) of section 354-G shall apply in respect of such land with the modification that the period of thirty days referred to in the said sub-section (2) wilt be counted from the date on which notice was given to the owner that the proposal to acquire has been withdrawn.] [Sub-section (5) was added by Bombay 34 of 1954, Section 14.]
