Chapter IL SLUM AREAS

(1) Where the competent authority, upon report from any of its officers or otherwise, is satisfied that- (a) any area is or may become a source of danger to the health, safety or convenience of the residents of that area or of its neighbourhood, by reason of the area being low-lying, insanitary, squalid or otherwise; or (b) the buildings in any area, used or intended to be used for human habitation,- (i) are, in any respect, unfit for human habitation; or (ii) are, by reason of dilapidation, overcrowding, faulty arrangement or design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals, it may, by notification in the Gazette, declare such area to be a slum area: Provided that before declaring any area to be a slum area the competent authority shall consult the Chief Town Planner or any officer of the Town Planning Department of the Government authorised by the Government in this behalf. (2) Every notification under sub-section (1) shall also be published by the competent authority in at least two newspapers having wide circulation in the area to which that notification relates. (3) In determining whether a building is unfit for human habitation for the purposes of this Act, regard shall be had to its condition in respect of the following matters, that is to say,- (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water-supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of waste water; and the building shall be deemed to be unfit as aforesaid, if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. (2) As soon as may be after the declaration of any area as a slum area under section 3, the competent authority shall— (a) prepare records for the slum area, comprising a plan of the slum area, and a register enumerating every building thereon with adequate particulars thereof; and (b) issue to the owner of every building in the slum area a registration card showing the particulars of the building concerned.

(1) Within sixty days from the date of declaration of any area as slum area under section 3, the owner of every building in such slum area shall apply to the competent authority for the registration of such building and also furnish to the competent authority such particulars as may be required by it. (2) As soon as may be after the declaration of any area as a slum area under section 3, the competent authority shall- (a) prepare records for the slum area, comprising a plan of the slum area, and a register enumerating every building thereon with adequate particulars thereof; and (b) issue to the owner of every building in the slum area a registration card showing the particulars of the building concerned.

(1) If a notice under section 5 requiring the owner to execute works of improvement is not complied with within the period specified in the notice or within such further time as the competent authority may give for sufficient reasons, the competent authority may itself execute the works required to be done by the notice. (2) All expenses incurred by the competent 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 competent authority from the owner as arrears of public revenue due on land: 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 authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid. (3) Notwithstanding anything contained in any other law for the time being in force, all expenses incurred by the competent authority under this section shall constitute a first charge on the land or building concerned, subject to the charges for any tax or cess payable to the Government.

(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 section 5 or section 6, the occupier of that land or building shall be responsible for the maintenance of such works of improvement. (2) If the occupier fails to maintain any works of improvement referred to in sub-section (1), the local authority shall serve upon the occupier a notice requiring him to execute the works of maintenance specified therein within such time, not being less than thirty days, as may be specified in the notice. (3) If the notice under sub-section (2) is not complied with within the time specified in the notice, the local authority may itself execute the works required to be done by the notice. (4) The expenses incurred by the local authority in connection with the maintenance of any works of improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be recoverable from the occupier of the land or building as arrears of public revenue due on land.

(1) Notwithstanding anything contained in any other law for the time being in force, the competent authority may, by notification in the Gazette, direct that no person shall erect any building in a slum area or make any addition to, or alteration in, any building in such area, except with the previous permission in writing of the competent authority. (2) Every notification under sub-section (1) shall also be published by the competent authority in at least two newspapers having wide circulation in the area to which that notification relates. (3) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser. (4) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such information in respect of the erection of, or addition to, or alteration in, the building to which the application relates, as may be prescribed. (5) On receipt of such application, the competent authority, after making such inquiry as it considers necessary, shall, by order in writing,— (a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission: Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (6) Nothing contained in sub-section (1) shall apply to— (a) any works of improvement required to be executed by a notice under sub-section (1) of section 5 or in pursuance of an undertaking given under sub-section (2) of section 9; or (b) the erection of any building in any area in respect of which a slum clearance order has been made under section 12.

(1) Where the competent authority upon report from any of its officers or otherwise is satisfied that any building within 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 therein 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 competent authority and gives an undertaking to the authority that such person will, within a period specified by the authority, execute such works of improvement in relation to the building as will, in the opinion of the authority, render the building fit for human habitation, or that it will not be used for human habitation until the authority, on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the 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 competent 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 thirty days from the date of the order and that it shall be demolished within six weeks after the expiration of that period.

(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 clearance of the area and 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 Collector for confirmation. (2) The Collector may either confirm the order without modification or subject to such variations as he considers necessary, or reject the order. (3) A copy of every order passed by the Collector under subsection (2) shall be furnished to the local authority within whose jurisdiction the slum area in respect of which such order has been passed is situate. (4) The Government may, on application from any person or authority aggrieved by an order of the Collector under subsection (2), call for and examine the record of that order for the purpose of satisfying themselves as to the legality or propriety of such order and may pass such order in reference thereto as they think fit: Provided that the Government shall not pass any order under this subsection, if the application has been received after the expiry of thirty days from the date of the order of the Collector: Provided further that no order prejudicial to a person shall be passed under this subsection without giving him an opportunity of being heard. (5) If the Collector confirms the order of the competent authority under sub-section (1), the order shall, subject to the provisions of subsection (4), become operative from the date of such confirmation. (6) When a slum clearance order has become operative, the owners of the lands and the buildings to which the order applies shall clear the area and 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. (7) If the slum clearance area is not cleared or the buildings are not demolished before the expiration of the period mentioned in subsection (6), the competent authority shall enter and clear the area and demolish the buildings and sell the materials thereof by public auction. (8) Any expenses incurred by the competent authority in clearing the area and 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 public revenue due on land and if there is any balance in the sale proceeds after satisfying such expenses, the same shall be paid to the owner or other person entitled to it. (9) Subject to the provisions of this Act, where a slum clearance order has become operative, the owners of the lands to which the order applies may re-develop the lands 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 Collector, and the Collector shall make such order in the matter as he thinks proper and his decision shall be final. (10) No person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imposed under subsection (9). (9) (including in condition with regard to the time within which the 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 Collector, and the Collector shall make such order in the matter as he thinks proper and his decision shall be final. (10) No person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imposed under subsection (9).

(1) Notwithstanding anything contained in subsection (9) of section 12, the competent authority may at any time after a land has been cleared of 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 any land has been cleared of 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 (9) of section 12 or has not been re-developed within such time and under such conditions as may be specified by it, may, by order, determine to re-develop 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.