Chapter IV SLUM CLEARANCE AND RE-DEVELOPMENT

(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 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 the competent authority shall not make any such declaration unless the persons likely to be affected thereby have been given reasonable opportunity of showing cause against the proposed declaration: Provided further that any building in the area which is not unfit for human habitation and is not 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 State Government 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.

(1) As soon as may be after the competent authority has declared any 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 buildings to be vacated within such time as may be specified in the order and submit the order to the State Government for confirmation: Provided that the competent authority shall not make such orders unless the persons likely to be affected thereby have been given reasonable opportunity of showing cause against the proposed action. (2) The State Government may either confirm the order in to or subject to such variations as it considers necessary or reject the order. (3) If the State Government 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 a 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. (7) Where a slum clearance order has become operative, no land in the area to which the order applies shall be re-developed except in accordance with plans approved by the competent authority and subject to such restrictions and conditions, if any, as the competent 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 by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may, within such time and in such manner 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. (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).

(1) Notwithstanding anything contained in sub-section (7) of section 11, 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 a contravention of plans approved by the authority or any restrictions or conditions imposed under sub-section (7) of section 11 or has not been re-developed within the time, if any, specified under, such conditions, may, by order, determine to redevelop the land: Provided that before passing such order, the owner shall be given a reasonable opportunity to show cause why the order should not be passed.