State Act

The Mumbai Municipal Corporation Act.

354C. Commissioner to make a draft improvement scheme.— (1) 1[If it shall appear to the Commissioner— (A) that within certain limits in any part of 2[Brihan Mumbai]]— (a) any buildings used, or intended or likely to be used, for human habitation, are unfit for human habitation, or (b) the narrowness, closeness and bad arrangement or the bad condition of the streets and buildings, or groups of buildings, within such limits or the want of light, air ventilation or proper conveniences, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings within the area of such limits, or of the neighbouring buildings; and that the evils connected with such buildings and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the re-arrangement and reconstruction of the streets and buildings within such area or of some of such streets or buildings, or (c) it is necessary to provide for the construction of buildings for the accommodation of the poorer 3[* * *] classes, 4[or, (B) that for the purpose of providing building sites for the expansion of 5[Brihan Mumbai] or of remedying the defective ventilation of any part of 6[Brihan Mumbai], or of creating new or increasing the existing means of communication and facilities for traffic between various parts of 7[Brihan Mumbai] it is expedient to form new or to alter existing streets in any part of 8[Brihan Mumbai]]. The Commissioner may— (i) with the previous approval of the corporation, which shall not be given unless the corporation are satisfied of the sufficiency of their resources, draw up a notification stating that the Commissioner proposes to make an improvement scheme, the area to which the resolution relates and naming a place where a map of the area may be seen at all reasonable hours; (ii) during three consecutive weeks publish simultaneously in the 9[Official Gazette] and in some one or more English and in some two or more vernacular newspapers circulating within 10[Brihan Mumbai] a copy of the said notification; (iii) proceed to make a draft improvement scheme and submit the scheme to 11[the Improvement Committee] for approval. (2) In making an improvement scheme more than one area may be included in one improvement scheme. (3) With the previous approval of the corporation the Commissioner may, for the purpose of making an improvement scheme, cause surveys to be made in areas either inside or outside the limits of the area comprised in the scheme to be made.