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State of West Bengal - Section

Section 353 in Kolkata Municipal Corporation Act, 1980

353. [ Permanent closure of public street, park, square or garden and disposal of land.- (1) The Municipal Commissioner may, with the previous sanction of the Mayor-in-Council, and subject to the approval of the State Government, permanently or temporarily close the whole or any part of a public street, park, square or garden in the public interest or for the purpose of carrying out the provisions of this Act :

Provided that the Municipal Commissioner shall give a public notice of such closure by insertion in at least three local newspapers and the notice shall specify the date on and from which the closure shall be effected.
(2)For the purpose of carrying out any development work in any public street, park, square or garden or any part thereof, such public street, park, square or garden or the part thereof or the sub-soil thereunder may be dealt with or settled or transferred, as the case may be, either temporarily or permanently by way of grant of lease or licence, as the case may be, and on such terms and conditions and for such period as the Municipal Commissioner may, with the prior approval of the Mayor-in-Council and subject to the approval of the State Government, determine and for such development work the public street, park. square or garden or any part thereof may be closed temporarily or permanently. as the case may be and in such a case a public notice shall be given in the same manner as in sub-section (1) specifying the date from which the closure shall be effected :Provided that the site of so much of the roadway or footpath as would not be required for using as a public road or public thoroughfare by reason of providing better and alternative public road or public thoroughfare including footpath shall be dealt with or settled or transferred on lease or licence.Explanation.— For the purpose of this section, "development work" shall include all works for development and improvement by way of proper and adequate or better utilisation, either underground or on the surface, or a public street, park, square or garden] [Substituted by section 3 of the Calcutta Municipal Corporation (Amendment) Act, 1985 (West Bengal Act No. 23 of 1985), w.e.f. 19.8.1985.]