The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
Chapter IV IMPROVEMENT OF SLUM AREAS
General197358 sections8 chapters
Chapter IV IMPROVEMENT OF SLUM AREAS
6. Power of prescribed authority to require execution of works of improvement to slum areas
Statutory text
6.
- (1) Where the prescribed authority is satisfied that at a reasonable expense,
- (a) any slum area or any part thereof is capable of being improved so as not to be a source of danger to the health, safety or morals of the inhabitants of that area; or
- (b) any building being unfit for human habitation in a slum area can be rendered fit for human habitation, it may serve upon the owner of the slum area or part thereof or of the building, as the case may be, a notice requiring him within such time not being less than sixty days, as may be specified in the notice, to execute the works of improvement specified therein : Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water-taps, bathing places, construction of drains, open or covered, as the case may be, provision of flush latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land.
- (2) In addition to serving a notice under sub-section
- (1) on the owner concerned, the prescribed authority may serve a copy of the notice on any other person having an interest in the slum area or part thereof or the building or the land on which the building stands, whether as a lessee, mortgagee or otherwise.
- (3) In determining for the purposes of this Act, whether at a reasonable expense the slum area or part thereof can be improved or the building can be rendered fit for human habitation, regard shall be had to the estimated cost of the works of improvement of the slum area or part thereof or of the works necessary to render the building fit for human habitation and the value which it is estimated that the slum area or part thereof or the building will have when such works are completed.
Chapter IV IMPROVEMENT OF SLUM AREAS
7. Power to execute works of improvement to slum areas and to recover expenses
Statutory text
7.
- (1) Where a notice under sub-section
- (1) of section 6 is not complied with, within the time specified in the notice, the prescribed authority may after the expiry of such date itself execute the works required to be executed by the notice.
- (2) All expenses incurred by the prescribed authority under this section, together with interest, at such rate as the State Government may, by order, fix from the date when a demand for the expenses is made until payment, may be recovered by the prescribed authority from the owner of the slum area or part thereof or of the building or of the land on which the building stands, as the case may be, as arrears of land revenue and all such expenses and interest shall constitute a charge upon the slum area or part thereof or the building or the land on which the building
Chapter IV IMPROVEMENT OF SLUM AREAS
8. Expenses of maintenance of works improvement etc., to be recoverable from occupiers of the land or building
Statutory text
8.
- (1) Where works of improvement have been executed in relation to any land or building in a slum area in pursuance of the provisions of sections 6 and 7, the expenses incurred by the prescribed authority, or by any local authority, in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works, may be recovered from the occupier or occupiers of the land or building as arrears of land revenue.
- (2) The amount of expenses referred to in sub-section
- (1) shall be determined by order by the prescribed authority and in the case of expenses incurred by the local authority, the prescribed authority shall consult the local authority before passing an order determining the amount of expenses incurred by the local authority.
Chapter IV IMPROVEMENT OF SLUM AREAS
9. Power of prescribed authority to order demolition of building unfit for human habitation
Statutory text
9.
- (1) Where the prescribed authority on a report from the Board, the local authority concerned, the Housing Board or an officer authorised by the State Government for this purpose or on other information in its possession is satisfied that any building in a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause, within such time as may be specified in the notice, as to why an order of demolition of the building should not be made.
- (2) If any of the persons upon whom a notice has been served under sub-section
- (1) appears in pursuance thereof before the prescribed authority and gives an undertaking to that authority that such person shall, within such period as may be specified by the authority, execute such works of improvement in relation to the building as will, in the opinion of that authority, render the building fit for human habitation or that it shall not be used for human habitation until the prescribed authority on being satisfied that it has been rendered fit for human habitation, cancels the undertaking, the prescribed authority shall not make any order of demolition of the building.
- (3) If no such undertaking as is mentioned in sub-section
- (2) is given, or if, in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the prescribed authority shall forthwith make an order of demolition of the building, requiring that the building shall be vacated within a period to be specified in the order not being less than five days from the date of the order and that it shall be demolished within four weeks after the expiration of that period: Provided that, before any such order is made, the prescribed authority shall as far as practicable secure accommodation in advance for housing the occupiers who may be dishoused as a result of such demolition.
Chapter IV IMPROVEMENT OF SLUM AREAS
10. Procedure to be followed where demolition order has been made
Statutory text
10. Where an order of demolition of a building under section 9 has been made, the owner of the building or any other person having an interest therein shall demolish that building, within the period mentioned in sub-section
- (3) of section 9; and if the building is not demolished within that time, the prescribed authority shall demolish the building and subject to the provisions of section 49 sell the materials thereof.
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