The Karnataka Slum Areas Development Act, 1973
Chapter IV IMPROVEMENT OF SLUM AREA
Chapter IV IMPROVEMENT OF SLUM AREA
7. Power to execute works of improvement to slum areas and to recover expenses.
(1) If a notice under sub-section (1) of section 6 is not complied with, then, after the expiration of the time specified in the notice, the prescribed authority may 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 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 stands, as the case may be: Provided that if the owner proves that he,- (a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the prescribed authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid.
Chapter IV IMPROVEMENT OF SLUM AREA
8. Expenses of maintenance of works of improvement, etc., to be recoverable from the occupiers of the land or building.
(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 as the case may be, 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 AREA
9. Power of prescribed authority to order demolition of building unfit for human habitation.
(1) Where the prescribed authority on a report from the local authority concerned or the State Housing Board or the Board or an officer authorised by the Government for this purpose is satisfied that any building being unfit for human habitation in a slum area is not capable at 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 such 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 said authority, execute such works of improvement in relation to the building, as will in the opinion of the said authority, render the building fit for human habitation or that it shall not be used for human habitation until such authority on being satisfied that it has been rendered fit for that purpose 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 demolished within such period as may be prescribed.
Chapter IV IMPROVEMENT OF SLUM AREA
10. Procedure to be followed where demolition order has been made.
Where an order of demolition of 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 the said period, the prescribed authority shall enter and demolish the building and subject to the provisions of section 61, sell the materials thereof.
Chapter IV IMPROVEMENT OF SLUM AREA
11. Power to declare any slum area to be slum clearance area.
(1) Where the Government, on a report from the Board or the prescribed authority or the local authority concerned or the State Housing Board or an officer authorised by the Government for this purpose 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 and the demolition of all the buildings in the area, it may, by notification, 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: Provided that before issuing such notification the 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 and after considering the cause if any, shown by such owners, it may pass such orders as it may deem fit. (2) Any part of the slum area or any building in the slum area which is not unfit for human habitation or dangerous or injurious to safety, health or morals may be excluded from the notification under sub-section (1) if the Government considers it necessary. (3) The notification under sub-section (1) shall specify each of the buildings to be demolished and the area to be cleared.
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