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Bombay Presidency - Section

Section 271 in The Bombay Provincial Municipal Corporations Act, 1949

271. Particulars to be provided for in an improvement scheme. - (1) The improvement scheme, which may exclude any part of the area included in the notification referred to in section 270 (Bombay LX1X of 1948), or include any neighbouring land, if the Commissioner is of opinion that such exclusion or inclusion is necessary for the proper carrying out of the scheme,-

(a)shall, within the limits of the area comprised in the scheme, provide for,-(i)the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or, subject to the provisions of sub-section (2), be affected by the execution of the scheme;(ii)relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;(iii)the laying of such storm-water drains and sewers as may be required for the efficient draining and sewering of streets so formed or altered;(iv)the lighting of streets so formed or altered;(b)may, within the limits aforesaid, provide for,-(i)the construction or reconstruction of bridges, causeways or subways or any other works appurtenant thereto;(ii)raising any land which the Commissioner may deem expedient to raise for the better drainage of the locality;(iii)forming open spaces for the better ventilation of the area comprised in the scheme or any adjoining area;(iv)whole or any part of the sanitary arrangements required; and(c)may, within and without the limits aforesaid, provide for the construction of buildings for the accommodation of the poorer sections of the community including the whole or part of such sections to be displaced in the execution of the scheme:Provided that no neighbouring land shall be included in an improvement scheme unless previous notice of such inclusion has been given in the manner provided in item (ii) in sub-section (1) of section 270.
(2)If, in the opinion of the Commissioner, any land within the limits aforesaid, which is not required for the execution of the scheme will, as the result of such execution, be increased in value, the scheme may, in lieu of providing for the acquisition of such land, provide for the levy of a betterment charge [***] in respect of the increase in value thereof. [The betterment charge shall be levied at such rate, at such time and in such manner as is hereinafter provided.]
(3)In making an improvement scheme for any area the regard shall be and to the conditions and nature of neighbouring parts of the City and of the City as a whole, and to the likelihood of improvement schemes being required for the neighbouring and other parts of the City.