Section 51 in The Maharashtra Village Panchayats Act, 1959
51. Government may vest certain lands in panchayats.
(1)For the purposes of the Chapter the State Government may, subject to such conditions and restrictions as it may think fit to impose, vest in a panchayat open sites, waste, vacant or grazing lands or public roads and streets, bridges, ditaches, dikes and fences, wells, river beds, tanks, streams, lakes, nallas, canals, water courses, trees or any other property in the village vesting in the Government.(1A)[ Where the State Government is of opinion that any property vested in a panchayat under sub-section (1) is required for the purpose of any national or State development Plan or for any other public purpose, or where any such property is not required by the panchayat for the purpose for which it was vested, the State Government may resume such property; and upon such resumption, the property shall cease to vest in the panchayat and shall revest in the State Government.(1B)Notwithstanding anything contained in sub-section (1) or in any order vesting grazing or other lands in panchayat, such of the grazing or other lands vested in a panchayat as were under cultivation immediately before the day on which the Bombay Village panchayat (Amendment) Act, 1965, comes into force shall, on the commencement of that Act, cease to vest in such panchayat and revest in the State Government, subject to all limitations, conditions and right or interest of any person in force or subsisting immediately before such commencement.] [These sub-sections were inserted by Maharashtra 36 of 1965, Section 26.](2)Subject to any conditions and restrictions imposed by the State Government under sub-section (1), and with the previous sanction of the Collector, a panchayat may discontinue or stop up any such public road of street vested in it by the State Government, but which is no longer required as a public road or street and any lease or sell any such land theretofore used for the purposes of such public road or street:Provided that at least one month before it is decided to stop up or discontinue such public road or street the Sarpanch shall, by notice signed by him and affixed in the part of the public road or street which it is proposed to discontinue or stop up and published in such other manner as is prescribed, inform the residents of the village of the said proposal, and consider any objections in writing made thereto. The notice shall indicate the alternative route, if any, which it is proposed to provide or which may already be in existence.(3)Whenever any public road or street or any part thereof has been so discontinued or stopped up reasonable compensation shall be paid to every person who was entitled to use such road or street or part thereof, otherwise than as a mere member of the public, as a means of access to or from his property and has suffered damage from such discontinuance or stopping up, and the provisions in the Bombay Highway Act, 1955, in relation to the assessment, apportionment and payment of compensation shall mutatis mutandis apply thereto as they apply in relation to the closure of a highway under section 52 of that Act.
