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Section 41: Transfer of streets and open spaces to local authority.

The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965State Act of Uttar Pradesh · Act 1 of 1966

(1) The Board may hand over any street laid-out or altered by and vested in it to the local authority within whose jurisdiction it lies, after giving it one month's notice, when-

(a) any such street has been duly leveled and metalled,

(b) lamp posts necessary for the lighting of such street have been provided, and

(c) water, drains and sewers have been provided in such street, in the manner provided in the scheme.

(2) When any open space for the purposes of ventilation or recreation has been provided by the Board in executing any housing or improvement scheme, the Board may resolve that such space shall, on completion of the scheme be transferred to the local authority concerned, and thereupon notice of the resolution shall be given to such authority.

(3) The local authority may, on receipt of a notice under sub-section(3), make objections to the Board or may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay out such space and provide footpaths and lamp-posts therein. The Board shall consider such objections and requirements and then pass a final resolution reaffirming or modifying the proposal.

(4) Such street or open space shall, upon the expiry of the period of notice or in accordance with the final resolution, as the case may be, vest in, and thenceforth be maintained, kept in repair, lighted and cleansed by, the local authority.

(5) If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in this section, the matter shall be referred to the State Government whose decision thereon shall be final and binding on the Board and the local authority.

Where this provision sits

ActThe Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965
Section41
Marginal noteTransfer of streets and open spaces to local authority.
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
Judgments citing it1

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