Chapter III SLUM IMPROVEMENT

1[5. Power of Competent Authority of execution of works of improvement.- (1) Where the Competent Authority is satisfied that any slum area or any part thereof is capable of being improved, at a reasonable expense, so as not be a source of danger to the health, safety or convenience of the public of that area, it may serve upon the owner or owners and every mortgagee of the properties in that area or any part thereof a notice informing them of its intention to carry out such improvement works as in its opinion are necessary and asking each of them to submit his objections or suggestions, if any, to the Competent Authority, within thirty days from the date of such notice. A copy of such notice shall also be displayed at some conspicuous places in the area for the information of the occupiers thereof and for giving them also an opportunity to submit their objections or suggestions, if any. On such display of the notice, the owners, occupiers and all other persons concerned shall be deemed to have been duly informed of the matters stated therein.

1. (2) After considering the objections and suggestions received within the time aforesaid, from the owners, occupiers and other persons concerned, the Competent Authority may decide and proceed to carry out the improvement works with or without modifications or may postpone them for a certain period or cancel the intention to undertake the works.

For the 1[purpose of this Act,] the improvement works may consist of all or any of the following :-

1. (a) laying of water mains, sewers and storm water drains;
2. (b) provision of urinals, latrines, community baths, and water taps;
3. (c) widening, realigning or paving of existing roads, lanes and pathways and constructing new roads, lanes and pathways;
4. (d) providing street lighting;
5. (e) cutting, filling, levelling and landscaping the area;
6. (f) partial development of the area with a view to providing land for unremunerative purposes such as parks, playgrounds, welfare and community centres, schools, dispensaries, hospitals, police stations, fire stations and other amenities run on a non-profit basis;
7. (g) demolition of obstructive or dilapidated buildings or portions of buildings;
8. (h) any other matter for which, in the opinion of the Competent Authority, it is expedient to make provision for preventing the area from being or becoming a source of danger to safety or health or a nuisance.

1. (1) Where the Competent Authority undertakes the improvement works in any area and is of opinion that any of the occupiers thereof should vacate their premises, it shall give them notice to vacate by a specified date or dates. It may as far as practicable offer such occupiers alternative sites in any other area. If any occupier fails to vacate and to shift to the alternative site offered to him within the specified period, the responsibility of the Competent Authority to provide him alternative site shall cease.
2. (2) Notwithstanding anything contained in this Act, where any occupier does not vacate his premises, the Competent Authority may take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for the purpose of getting the premises vacated.
3. (3) The Competent Authority may, after giving fifteen clear days' notice to the persons removed under sub-section (2) and affixing a copy thereof in some conspicuous place in the area, remove or cause to be removed or dispose of by public auction any property remaining on the premises.
4. (4) Where the property is sold under sub-section (3), the sale proceeds shall after deducting the expenses of sale, be paid to such person or persons as may be entitled to the same : Provided that, where the Competent Authority is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, it shall refer such dispute to a Civil Court of competent jurisdiction and the decision of the Court shall be final.]

1[5C. Power of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are source of danger to public health, etc.- (1) Where the Competent Authority, upon report from any of its officers or other information in its possession, is satisfied that any buildings in a slum area are in any respect unfit for human habitation, or any slum area or part thereof is or is likely to be a source of danger to the health, safety or convenience of the public in that area or in its neighbourhood by reason of the area having no basic amenities or having inadequate amenities or being insanitary, squalid, overcrowded or otherwise a source of such danger, the Competent Authority may, unless in its opinion the buildings or the area are not capable at a reasonable expense of being rendered so fit or free from such danger, serve upon the owners of the buildings or lands in the area a notice requiring them, within such time, which shall not be less than thirty days, as may be specified in the notice, to execute such works of improvement, either within or outside the buildings or the area, as may be specified in the notice and stating that in the opinion of the Authority those works will render the buildings or the area fit for human habitation or free from such danger, as the case may be.

1. (2) In addition to serving a notice under this section on the owners, the Competent Authority may serve copy of the notice on every mortgagee of the building or land so far as it is reasonably practicable to ascertain such persons and further a copy of such notice shall also be displayed at some conspicuous place in the slum area for the information of the occupiers thereof. Such display of the notice shall be conclusive proof that the owners, occupiers and other persons concerned have been duly informed of the matter stated in the notice.
2. (3) In determining for the purposes of this Act whether the building can be rendered fit for human habitation or the area can be rendered free from danger aforesaid, at reasonable expense, regard shall be had to the estimated cost of the works necessary for these purposes and the value which it is estimated that the buildings or lands will have when the works are completed.]

1. (1) If a notice under 1[section 5C] requiring the owners of the buildings or of the lands 2* * * as the case may be, to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice, the Competent Authority may itself do the works required to be done by the notice.
2. (2) All expenses incurred by the Competent 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 Competent Authority from the owners of the buildings or of the lands 3* * * as the case may be, as arrears of land revenue : Provided that, if any 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 has in his hands as aforesaid.

1[7. Expenses of maintenance of works of improvement to be recoverable from occupier.- Where works of improvement have been executed in any slum area or in relation to any building or buildings in a slum area, in pursuance of the provisions of sections 5, 5C and 6, any expenses incurred by the Competent Authority or, as the case may be, any local authority, in connection with the maintenance of such works or the enjoyment of amenities and conveniences rendered possible by such works, shall be recoverable from the occupiers of the area or of buildings concerned as service charges; and if the amount due is not paid within the time specified, it shall be recoverable from the occupier concerned as arrears of land revenue.]

1. (1) The Competent Authority may, by notification in the Official Gazette (and also published in such other manner as may be prescribed), direct that no person shall erect any building in slum area except with the previous permission in writing of the Competent Authority.
2. (2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof, or such extended period or periods not exceeding a further five years as the State Government may, by notification in the Official Gazette (and also published in such other manner as may be prescribed) from time to time specify in this behalf, except as respect things done or omitted to be done before such cesser.
3. (3) 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 the building to which the application relates as may be prescribed.
4. (4) 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.
5. (5) 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) 1[of section 5 or of section 5C]; 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. (1) Where a Competent Authority upon a report from any of its officers, or 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. (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 shall 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 if shall 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. (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 : Provided that, before any such order is made, the Competent Authority shall as far as practicable secure accommodation in advance for housing the occupiers who may be dishoused as a result of such demolition.

1. (1) Where an order for 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 time specified in that behalf by the order; and if the building is not demolished within that time, the Competent Authority shall enter and demolish the building and sell the materials thereof.
2. (2) Any expenses incurred by the Competent Authority under sub-section (1), if not satisfied out of the proceeds of sale of materials of the building, shall be recoverable form the owner of the building or any other person having an interest therein as arrears of land revenue.

1[10A. Power of Competent Authority to entrust improvement and other works.- In any slum area, the Competent Authority may, with the previous approval of the State Government and on such terms and conditions as may be agreed upon, entrust to any agency recognised by it for the purpose,-

1. (a) the execution under its own supervision of any improvement, clearance or redevelopment works ;
2. (b) the maintenance or repairs of any such works under its control ;
3. (c) the work of collection of service charges recoverable by and due to it.]