Section 278 in The Maharashtra Municipal Corporations Act, 1949
278. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration Commissioner to be authorised to execute scheme. - (1) (a) On receipt of the sanction of the [State] Government, the Commissioner shall forward to the [State] Government a declaration for notification stating the fact of such sanction and that the land proposed to be acquired by the Corporation for the purposes of the schemes is required for a public purpose;
(b)The declaration shall be published in the Official Gazette in the same manner as an order of the [State] Government and shall state the limits within which the land proposed to be acquired is situate, the purpose for which it is needed, its approximate area and the place where a plan of the land may be inspected.(c)The said declaration shall be conclusive evidence that the land is needed for a public purpose and the Commissioner shall, upon the publication of the said declaration, proceed to execute the same.(2)(a)If at any time it appears to the Commissioner, the Standing Committee or the Corporation, as the case may be, that an improvement can be made in any part of the scheme, the Corporation may alter the scheme for the purpose of making such improvement and thereupon the Commissioner shall, subject to the provisions contained in the next two clauses of this sub-section, forthwith proceed to execute the scheme as altered.(b)If the estimated net cost of executing the scheme as altered exceeds by ten per cent the estimated net cost of executing the scheme as sanctioned, the Commissioner shall not, without the previous sanction of the Corporation and of the [State] Government, proceed to execute the scheme as altered.(c)If the scheme as altered involves the acquisition, otherwise than by agreement, of or the levy of a betterment charge in respect of any land other than that specified in the schedule accompanying the scheme under sub-section (3) of section 277, the provisions of sections 272 and 277 and of sub-section (1) shall apply to the part of the scheme so altered, in the same manner as if such altered part were the scheme.
