State Act

The Mumbai Municipal Corporation Act.

4[91A. Transfer of property to the corporation.— (1) From the date on which the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), comes into operation there shall vest or re-vest in the corporation, as the case may be, subject to all the charges and liabilities affecting the same, to be held by the corporation for the purposes of this Act, subject to any restrictions and conditions contained in the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), all the immovable and other property and all other interests and rights of the Boards of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVl of 1925), including all the estate, right, title and interest of the said Board in and to the lands specified in Schedule W and Schedule X and in the reclaimed lands specified in Schedule Y and shown on the doposited plans. (2) (a) In respect of the lands referred to as the Flats, specified in Schedule W as plots 1(b), 1(c) and 1(d), the corporation may, subject to the power of resumption reserved by sub-section (8) at any time, lay out the whole or any part or parts of these plots as recreation grounds or parks for the free use of the public, or appropriate the whole or any part of the said plots to building purposes. (b) The lands specified in Schedule W as plot (j) shall, subject as aforesaid be permanently appropriated as an open space, but such appropriation shall not preclude the corporation from letting the said lands from time to time on lease for a term not exceeding one year or with the previous sanction of 5[the 6[State] Government] and on such conditions as may be approved by 7[the 8[State] Government] for a term not exceeding 30 years, for the purpose of a racecourse or for any purpose of public recreation or amusement. (c) All the lands specified in Schedule W as plots 1(a), 1(g) to 1(i) both inclusive and 1(k) and the lands specified in Schedule Y shall, subject to the provisions of sub-section (1), vest in the corporation. (3) The lands respectively referred to in Schedule ZZ as plot 1(d-l) part 1(b) Cadastral Survey No. 3/383 the Body Guard Lines Plot No.3 the Cooperage Plot and Plot No. 4(b) the Marine Lines Maidan shall vest absolutely in 9[Government] provided that Plot No.3 the Cooperage Plot and plot No. 4(b) the Marine Lines Maidan shall be maintained in perpetuity as open spaces, provided further that the aforesaid plot Nos. 3 and 4(b) or any part thereof may at any time be occupied by or with the previous permission of 10[the 11[State] Government] for any temporary purpose. (4) All the estate, right, title and interest of the said Board to and in any land specified in Schedule W vested or re-vested in the corporation under this section, with the exception of the lands specified in clause (c) of sub-section (2) and in sub-section (3) shall, subject to the provisions of this section, remain so vested or re-vested until such time as the whole of the lands so specified except those appropriated, as open spaces, shall have been let on a building lease either by the said Board or by the corporation or as to any part thereof until such time as such part shall have been so let, and thereafter, as to the whole except as aforesaid, or any such part for a further period, which shall not as regards the whole or any such part exceed ninety-nine years from the date on which the whole or any such part shall have been first let. (5) All lands specified in Schedule X shall, subject to the provisions of sub-section (1), vest in the corporation. (6) It shall be lawful for the corporation from time to time, in the case of land specified in Schedule W, with the sanction of 1[the 2[State] Government], to take out of said Schedule W any land or to take any land out of Schedule X in exchange for any freehold land, the property of the corporation, which they wish to bring on to the Schedules. An exchange made under this sub-section shall operate to transfer the land taken out of the Schedules to the corporation free from all conditions of resumption and re-vesting created by this Act and free from all encumbrances and to vest the land brought on to the Schedules in the corporation as if it were part of the property originally entered in Schedule W or X, as the case may be. (7) Without prejudice, and in addition to the powers conferred on the corporation by section 87, it shall be lawful for the corporation to take over and hold any other lands within the city of which they may be put in possession by the 3[Central or 4[State] Government], to the intent that such lands shall vest in the corporation in the same manner and subject to same conditions as if such lands, if taken over from the 5[Central or 6[State] Government], were included in Schedule W, and such vesting shall in every such case take effect upon delivery to the corporation of possession of the land. (8) Any land other than land specified in clause (c) of sub-section (2) and other than land leased or agreed to be leased by the said Board or by the corporation specified in Schedule W, which shall be required by 7[the Central or the 8[State] Government] for a public purpose may at any time, after giving six months notice to the corporation, be resumed by 9[that Government]. (9) 10[The 11[State] Government] may, by notification in the 12[Official Gazette] from time to time add to or amend the entries in Schedule W and, with the concurrence of the corporation, the entries in Schedule X so far as may be necessary in consequence of any exchange, resumption, acquisition or other transfer of land, and, with the like concurrence in the case of lands specified in Schedule X, correct mistakes in the said schedules or in the deposited plants, and upon such notification the said schedules or plans shall be read subject to such addition, amendment or correction. Such notification shall in the case of any alteration of Schedule W or Schedule X include a notification of the whole schedule or schedules as so altered.]