The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
11. Power to declare any slum area to be a slum clearance area
11. Where the State Government, on a report from the Board, the prescribed authority, the local authority concerned, the Housing Board or an officer authorised by the State Government in this behalf is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the clearance of such area by the demolition of all the buildings in the area it may, by notification, in the Official Gazette, declare the area to be a slum clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act. The notification shall be given wide publicity in such manner as may be prescribed:
Provided that before issuing such notification the State Government shall call upon the owners of the lands and buildings in such slum area to show cause why such declaration should not be made:
Provided further that if the State Government considers it necessary to do so, it may specify in such declaration any building in the slum area which is not unfit for human habitation or dangerous or injurious to safety, health or morals as a building to be excluded from the slum clearance area and the building so excluded shall not be required to be demolished.
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
12. Obligation to clear slum area and demolish buildings
12. When a slum area has been declared to be a slum clearance area under section 11, occupiers of buildings included in that area shall be required to vacate them within such period as may be specified in the declaration and the owners of such buildings in that area shall demolish the buildings in that area before the expiration of such period after the period specified for vacating the buildings as may be prescribed.
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
13. Power to clear slum clearance areas
13. If any slum clearance area is not so cleared by the demolition of the buildings therein before the expiration of the period mentioned in section 12, the prescribed authority shall enter and demolish the buildings therein and, subject to the provision of section 49, sell the materials thereof.
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
14. Owner may re-develop
14.
- (1) Subject to the provisions of this Act and of any other law for the time being in force in relation to town-planning and to the erection of buildings, where a notification under section 11 has been issued, the owner of any land in the slum clearance area to which the notification applies may re-develop the land in accordance with plans approved by the prescribed 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 prescribed authority to cancel or modify any such restriction or condition may, within such time as may be prescribed, appeal to the State Government and the State Government shall make such order in the matter as it thinks proper and its decision shall be final.
- (2) 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 (1).
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
15. Power of prescribed authority to re-develop clearance area
15.
- (1) Notwithstanding anything contained in sub-section
- (1) of section 14, the prescribed authority may, at any time, after the land has been cleared of the buildings in accordance with the foregoing provisions of this Chapter but before the work of re-development of that land has been commenced by the owner, by order, determine to re-develop at its own cost 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 the foregoing provisions of this Chapter, the prescribed 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
- (1) of section 14, or has not been re-developed within the time if any, specified under such conditions, may, by order, determine to re-develop the land:
Chapter V SLUM CLEARANCE AND RE-DEVELOPMENT
16. Provided that before passing an order under sub-section (1) or sub-section (2), the owner shall be given a reasonable opportunity to show cause why the order should not be passed.
Rules to provide for transfer to previous occupants 16. Subject to the provisions of this Act, the State Government may, by rules, provide for or regulate the transfer of persons who immediately before the declaration of any slum area to be a slum clearance area, were occupying lands or buildings in that area to lands or buildings in any other area or to lands or buildings in such slum clearance area after its re-development and the conditions of such transfer.
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