Bare Acts

CHAPTER IV SLUM CLEARANCE AND RE-DEVELOPMENT


9. Power to declare any slum area to be a clearance area.―(1) Where the competent authority
upon a report from any of its officers or other information in its possession is satisfied as respects any
slum area that the most satisfactory method of dealing with the conditions in the area is the demolition of
all the buildings in the area, the authority shall by an order notified in the Official Gazette declare the area
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to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the
provisions of this Act:
Provided that any building in the area which is not unfit for human habitation or dangerous or
injurious to health may be excluded from the declaration if the authority considers it necessary.
(2) The competent authority shall forthwith transmit to the Administrator a copy of the declaration
under this section together with a statement of the number of persons who on a date specified in the
statement were occupying buildings comprised in the clearance area.
10. Slum clearance order.―(1) As soon as may be after the competent authority has declared any
slum area to be a clearance area, it shall make a slum clearance order in relation to that area ordering the
demolition of each of the buildings specified therein and requiring each such building to be vacated
within such time as may be specified in the order and submit the order to the Administrator for
confirmation.
(2) The Administrator may either confirm the order in to or subject to such variations as he considers
necessary or reject the order.
(3) If the Administrator confirms the order, the order shall become operative from the date of such
confirmation.
(4) When a slum clearance order has become operative, the owners of buildings to which the order
applies shall demolish the buildings before the expiration of six weeks from the date on which the
buildings are required by the order to be vacated or before the expiration of such longer period as in the
circumstances of the case the competent authority may deem reasonable.
(5) If the buildings are not demolished before the expiration of the period mentioned in sub-section
(4) the competent authority shall enter and demolish the buildings and sell the materials thereof.
(6) Any expenses incurred by the competent authority in demolishing any building shall, if not
satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority as
arrears of land revenue.
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[(7) Subject to the provisions of this Act, where a slum clearance order has become operative, the
owner of the land to which the order applies may re-develop the land in accordance with plans approved
by the competent authority and subject to such restrictions and conditions (including a condition with
regard to the time within which the re-development shall be completed), if any, as that authority may
think fit to impose:
Provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his
land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or
condition may, within such time as may be prescribed, appeal to the Administrator and the Administrator
shall make such order in the matter as he thinks proper and his decision shall be final.]
(8) No person shall commence or cause to be commenced any work in contravention of a plan
approved or a restriction or condition imposed under sub-section (7).
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[11. Power of competent authority to re-develop clearance area.―(1) Notwithstanding anything
contained in sub-section (7) of section 10, the competent authority may at any time after the land has been
cleared of the buildings in accordance with a slum clearance order but before the work of re-development
of that land has been commenced by the owner, by order, determine to re-develop the land if that
authority is satisfied that it is necessary in the public interest to do so.
(2) Where land has been cleared of the buildings in accordance with a slum clearance order, the
competent authority, if it is satisfied that the land has been, or is being, re-developed by the owner thereof
in contravention of plans approved by the authority or any restrictions or conditions imposed under
sub-section (7) of section 10 or has not been re-developed within the time, if any, specified under such
conditions, may, by order, determine to re-develop the land:

1. Subs. by Act 43 of 1964, s. 6, for sub-section (7) (w.e.f. 27-2-1965).
2. Subs. by s. 7, ibid., for section 11 (w.e.f. 27-2-1965).
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Provided that before passing such order, the owner shall be given a reasonable opportunity to show
cause why the order should not be passed.]

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