52. Vesting in municipal council of streets laid out or altered and open spaces provided by the trust under a scheme.
(1)Whenever the municipal council is satisfied-(a)that any street laid out or altered by the trust has been duly levelled, paved, metalled, flagged, channelled, severed and drained in the manner provided in the scheme sanctioned by the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] under this Act, and(b)that such lamps, lamp-posts, and other apparatus as the municipal council may consider necessary for the lighting of such street and as ought to be provided by the trust have been so provided, and(c)that water and other sanitary conveniences ordinarily provided in a municipality have been duly provided in such street,the municipal council, after obtaining the assent of the trust, or failing such assent, the assent of the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] under sub-section (3), shall, by a 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 municipal council, and shall thence-forth be maintained, kept in repair, lighted, and cleansed by the municipal council.(2)When any open space for purposes of ventilation or recreation has been provided by the trust in executing any scheme, it shall, on completion, be transferred to the municipal council by resolution of the trust and shall thereupon vest in, and be maintained at the expense of the municipal council:Provided that the municipal council may require the trust, before any such open space is so transferred to enclose, level, turf, drain and lay out such space and provide foot-paths therein, and, if necessary to provide lamps and other apparatus for lighting it.(3)If any difference of opinion arises between the trust and the municipal council in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the, [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.], whose decision shall be final.
