Section 61 in Maharashtra Housing and Area Development Act, 1976
61. Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of streets laid out or altered an open space provided by Authority under any proposal, plan or project under this Act.
(1)Whenever the State Government is satisfied-(a)that any street laid out or altered by the Authority has been duly levelled, paved, metalled, flagged, channelled, severed, and drained as required for any proposals, plans or projects included in the budget, and(b)that such lamps, lamp-posts and other apparatus as the Municipal Corporation, the Municipal Council or Zilla Parishad, as the case may be, considers necessary for the lighting of such street and as ought to be provided by the Authority have been so provided, and(c)that water and other sanitary conveniences have been duly provided in such street,the State Government may declare the street to be a public street, and the street shall thereupon vest in the Municipal Corporation, Municipal Council or Zilla Parishad, as the case may be, and shall hence forth be maintained, kept in repair, lighted and cleaned by the Municipal Corporation, Municipal Council or Zilia Parishad.(2)Where any open space for purposes of ventilation or recreation has been provided by the Authority in executing any proposals, plan or project under this Act, the Authority may at its option by resolution transfer such open space to the local authority concerned on completion of the proposal, plan or project, and thereupon, such open space shall vest in, and be maintained at the expense of the local authority:Provided that, the local authority may require the Authority before any such open space is so transferred to enclose, level, turf, drain and layout such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.(3)If any difference of opinion arises between the Authority and the Municipal Corporation, Municipal Council or Zilla Parishad in respect of any matters referred to in the foregoing provisions of this section, the matter shall be referred to the State Government, whose decision shall be final.
