Section 90 in The Mumbai Municipal Corporation Act, 1888
90. Acquisition of immovable property by agreement.
(1)Wherever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the corporation by agreement [subject to the provisions of sub-section (3)] [These words were substituted for the portion beginning with 'on such terms' and ending with 'any particular case' by Maharashtra 34 of 1933, Section 6(a).].(2)And whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maximum as shall be approved by [the Improvements Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 41(a), (w.e.f. 23-4-1999).] as aforesaid.(2A)[ Subject to the provisions of this Act, it shall be lawful for the Commissioner on behalf of the corporation to agree with the owner of any land or of any interest in land needed by the corporation for the purposes of any scheme under Chapter XII-A or with the owner of any right which may have been created by legislative enactment over any street forming part of the land so needed, for the purchase of such land or of any interest in such land or for compensating the owner of any such right in respect of any deprivation thereof or interference therewith.] [New sub-section (2A) was inserted by Bombay 13 of 1933, Section 17(c).](3)[ No contract for the acquisition of any immovable property or of any interest therein or any right thereto or the payment of any compensation under sub-section (1) or (2) or (2A) shall be valid, if the price or compensation to be paid for such property or interest for right exceeds five lakh rupees unless such contract has been approved by the Improvements Committee; and by the Corporation if the price or compensation exceeds rupees two crores.] [Sub-section (3) was substituted by Maharashtra 27 of 1999, Section 41(b), (w.e.f. 23-4-1999).][* * * *] [The proviso was deleted by Maharashtra 10 of 1998, Section 50(b)(ii).](4)[ Every contract or other instrument relating to the acquisition of immovable property or any interest therein or any right thereto shall be executed by the Commissioner, shall have the common seal of the corporation affixed thereto in the presence of [two members of the Improvements Committee and shall have signatures of the said members] [New sub-sections (4), (5) and (6) were inserted by Bombay 13 of 1933, Section 17(e).] in the manner prescribed in section 70.(5)No contract for the acquisition of immovable property or any interest therein or any right thereto not executed as in sub-section (4) provided shall be binding on the corporation.(6)The foregoing provisions of this section which apply to an original contracts relating to the acquisition of immovable property, or any interest therein, or any right thereto, shall be deemed to apply also to any variation or discharge of such contract.]
