Vidhi Codex

section 12

Clearance order.

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
General197193 sections10 chapters
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Chapter IV SLUM CLEARANCE AND REDEVELOPMENT

Statutory text
  1. (1) As soon as may be after the Competent Authority has declared any slum area to be a clearance area, it shall make a clearance order in relation to that area, ordering 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 1[clearance order], and shall submit the 2[clearance order] to the Administrator for confirmation.
  2. (2) The Administrator may either confirm the 3[clearance order] in whole or subject to such variations as he considers necessary; or reject the 4[clearance order].
  3. (3) As soon as a clearance order is confirmed, the Administrator shall publish a notice in such manner as may be prescribed; stating that the 5[clearance order] has been confirmed and naming a place where a copy of the 6[clearance order] confirmed and of the map referred to therein may be seen at all reasonable hours.
  4. (4) Any person aggrieved by the 7[clearance order] of the Administrator may, within six weeks of the publication of the notice of the confirmation of the 8[clearance order], prefer an appeal to the Tribunal; and the decision of the Tribunal shall be final.
  5. (5) Where any such appeal 9[is duly made],-
    • (i) 10[the Tribunal or the President may, by interim order,] suspend the operation of the 11[clearance order] either generally, or in so far as it affects any property, until the final determination of the appeal; and
    • (ii) 12[the Tribunal if satisfied] upon hearing of the appeal that the 13[clearance order] is not within the powers of this Act, or that the interest of the appellant have been substantially prejudiced, by any requirement of this Act not having been complied with, may quash the 14[clearance order] either generally, or in so far as it affects any property of the appellant.
  6. (6) Subject to the provisions of the last preceding sub-section, the 15[clearance order] shall become operative at the expiration of six weeks from the date on which the notice of confirmation of the 16[clearance order] is published in accordance with the provisions of this Act.
  7. (7) When a clearance order has become operative, the owners of buildings to which the 17[clearance order] applies shall demolish the buildings before the expiration of six weeks from the date on which the buildings are required by the 18[clearance 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.
  8. (8) If the buildings are not demolished before the expiration of the period mentioned in sub-section (7), the Competent Authority may enter and demolish the buildings and sell the material thereof.
  9. (9) Any expenses incurred by the Competent Authority in demolishing any buildings, after giving credit, for any amount realised by the sale materials, may be recovered by the Competent Authority from the owner of the building or any person having interest therein as arrears of land revenue; and any surplus in the hands of the Competent Authority shall be paid by it to the owner of the building, or if there are more than one owner, shall be paid as those owners agree. In default of agreement between the owners, the Competent Authority shall deposit the surplus amount in Greater Bombay, in the Bombay City Civil Court, and elsewhere, in the District Court; and the decision of the Principal Judge, or as the case may be, the District Judge, on the question of distributing the surplus between the owners, shall be final.
  10. (10) Subject to the provisions of this Act, and of any other law for the time being in force in relation to town-planning and to the regulation of the erection of buildings, where a clearance order has become operative, the owner of the land to which the 19[clearance order] applies, may redevelop the land in accordance with the plans approved by the Competent Authority, and subject to such restrictions and conditions (including a condition with regard to the time within which the redevelopment 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 Tribunal and its decision shall be final.
  11. (11) 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 (10).

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