Maharashtra act 003 of 1957 : Bombay Town Planning Schemes (Bombay City Nos. II, III and IV) (Mahim Area) Validation Act, 1956

Section 1.Short title and extent.

(1) This Act may be called the Bombay Town Planning Schemes (Bombay City Nos. II, III and IV (Mahim Area)) Validation Act, 1956.

(2) It extends to the City of Bombay.

Section 2.Definitions.

In this Act, unless there is anything repugnant in the subject or context-

(a) "principal Act" means the Bombay Town Planning Act, 1915 (Bom. I of 1915), as amended form time to time ;

(b) "amending act" means the Bombay Town Planning (Amendment) Act, 1938 (Bom. XXI of 1938) ;

(c) "City of Bombay" means the area specified in Part I of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945) ;

(d) "Corporation" means the Municipal Corporation of Greater Bombay, constituted under the Bombay Municipal Corporation Act (Bom. III of 1888) ;

(e) "schemes" means the Town Planning Schemes, Bombay City Nos. II, III and IV (Mahim Area) ;

(f) words and expressions not defined in this Act shall have the meanings assigned to them in the principal Act.

Section 3.Amendment of section 1 of Bom. I of 1915.

With effect from the date on which the amending Act came into force, in section 1 of the principal Act, the following words and provisions shall be, and be deemed to have been deleted, namely-

(1) in sub-section (2), the words "except the City of Bombay", and

(2) sub-section (3), including the proviso thereto,

and the principal Act shall be deemed to have been extended to the City of Bombay.

Section 4.Validation of declaration, applications, sanctions, awards, etc.

Notwithstanding anything contained in the principal or amending Act,-

(1) all declarations, applications, draft schemes and publications made, all proceedings, consultations and enquiries held, all certificates and sanctions issued, all agreements entered into, all notices given, all decisions taken, all approvals given, all appointments made, all orders and awards made, and all acts done before the commencement of this Act by the State Government, the Corporation, any authority or officer in connection with or in respect of the schemes shall be deemed to be, and always to have been, validly made, given, held, issued, entered into, taken, decided, drawn up or done, as the case may be, under the principal Act or under any law for the time being in force including any law repealing and re-enacting the principal Act ; and

(2) it shall be lawful for the State Government and the Corporation and also for any authority or officer appointed or entitled to act under the principal Act to take such proceedings, to make such orders, to make such awards or decisions or to do such other acts as may be necessary for the completion of the schemes under the principal Act or any other law for the time being in force including any law repealing and re-enacting the principal Act.

Section 5.Validity of declaration, etc., relating to the schemes not to be questioned and bar of suits and proceedings.

(1) The validity of any declaration, application, publication, notification, appointment, order, proposal, award, proceeding, consultation, enquiry, certificate, sanction, agreement, notice, approval, decision, dispute, draft or final scheme or act made, held, issued, entered into, given, taken, decided, drawn up or done, or purporting to have been made, held, issued, entered into, given, taken, decided, drawn up or done, as the case may be, before the commencement of this Act in connection with the schemes shall not be called in question.

(2) No Court shall have jurisdiction to entertain or try any suit or legal proceedings against the Corporation of the State Government or against any of the Arbitrators, the Presidents, the Tribunals of Arbitration, the officers appointed under the principal Act or the officers of the Corporation or the State Government, acting or purporting to act under the principal Act in connection with the schemes, only on the ground that the principal Act was not validly applied to the City of Bombay as required under sub-section (3) of section 1 of the principal Act as amended by the amending Act.

Section 6.Application of Act to pending suits and proceedings.

The provisions of the preceding sections shall apply, notwithstanding the pendency of any suit or other proceeding in any court, either in a court of first instance or in a court of appeal, on the date of the commencement of this Act.