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State of Maharashtra - Section

Section 57 in Nagpur Improvement Trust Act, 1936

57. Vesting in [Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] of streets laid out or altered, and open spaces provided by Trust under an improvement scheme.

(1)Whenever the Trust is satisfied---
(a)that any street laid out or altered by the Trust has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the [State] [Substituted for 'Provincial' by A.O., 1950.] Government under this Act, and
(b)that such lamps, lamp-posts, and other apparatus as the Trust may consider necessary for the lighting of such street have been so provided, and
(c)that water and other sanitary conveniences ordinarily provided [in the city] [Substituted by M.P. Act XIV of 1952, section 19.] have been duly provided in such street, the Trust may call upon [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] by a notice in writing, to take over the management of such street within a period specified in the notice, which shall not be less than one month and, on receiving such a notice, [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] shall, subject to the provisions of sub-section (3), by a written notice affixed in some conspicuous place in such street, declare the street to be a public street; and the street shall thereupon vest in [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] and shall thenceforth be maintained, kept in repair, lighted, and cleansed by [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.].
(2)When any open space for purposes of ventilation or recreation has been provided by the Trust in executing any improvement scheme, it shall, on completion, be transferred to [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] by resolution of the Trust and shall thereupon vest in, and be maintained at the expenses of [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.]:Provided that [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] may require the Trust, before any such open space is so transferred, to enclose, level, drain and layout such space and provide footpaths therein.
(3)If any difference of opinion arises between the Trust and [the Corporation] [Substituted by M.P. Act XIV of 1952, section 19.] in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the [State] [Substituted for 'Provincial' by A.O., 1950.] Government, whose decision shall be final.
(4)The [State] [Substituted for 'Provincial' by A.O., 1950.] Government, may resume the management of any street or open space [***] [Omitted 'which was, at the commencement of this Act the property of Government or has since been acquired by Government and was' by A.O., 1937.] vested in the Trust under clause (b) of sub-section (i) of section 45.