Demolition of unauthorised or illegal dwelling structures and penal liability.

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

General197193 sections10 chapters

Read full ActSections

Chapter I PROTECTED OCCUPIERS, THEIR RELOCATION AND REHABILITATION

Statutory text

(1) After the commencement of the 1[Maharashtra Slum Areas Improvement, Clearance and Redevelopment) (Amendment) Act, 2014 (Mah. IX of 2014)], where a Competent Authority, upon a complaint from any person or report from its officer or police, or any other record or information in its possession, is satisfied that any unauthorised or illegal dwelling structure or part thereof has been constructed or is being constructed or any addition to the existing structure is erected or being erected, within the area of its jurisdiction, without obtaining necessary permissions required to be obtained in that behalf under the relevant laws, of the concerned statutory authorities, it shall forthwith serve upon the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein and also upon the person who is in occupation of such structure, a written notice to show cause, within twenty-four hours as to why an order of demolition of such structure should not be made.
(2) If the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein or the occupier of such structure is, by any reason whatsoever, not available for serving or receiving the notice, such notice shall be affixed at the conspicuous place on such structure, and it will be deemed to be due service of notice on the concerned person or persons.
(3) The person or persons upon whom the notice has been served under sub-section (1) or (2), as the case may be, shall within twenty-four hours appear before the Competent Authority and produce or cause to be produced by his agent or representative, the necessary documents to prove that the requisite statutory permission for construction, reconstruction, addition or extension, as the case may be, has been duly obtained by him and that the construction, reconstruction, addition or extension, is not unauthorised or illegal.
(4) The Competent Authority shall, thereupon, on scrutiny of documents, if any, produced by such person, on being satisfied that the dwelling structure, addition to it or extension thereof is unauthorised or illegal, it shall forthwith make an order, in writing for demolition of such structure immediately, and in any case not later than twenty-four hours from the time of making of the order, by such person : Provided that, if the owner or as the case may be, the person claiming an interest in the structure or the occupier of such structure or his agent or representative fails to appear before the Competent Authority, within the time specified in the notice, the structure shall be treated as unauthorised or illegal and the Competent Authority shall pass an order for its demolition.
(5) Where an order of demolition of such unauthorised or illegal dwelling structure is made under sub-section (4) or the proviso, thereto, the owner of the structure or any other person claiming an interest therein or the person in occupation of such structure shall, immediately demolish that structure within twenty-four hours from the passing of the demolition order and if, the concerned person who is ordered to demolish the structure, fails to demolish such structure within that time, the Competent Authority shall forthwith demolish the structure and remove the debris with the help of its staff and the police officer from the area where such structure is situated, and sell the debris of such demolished structure to recover the expenses incurred by the Competent Authority for such demolition and removal of debris. If the expenses incurred are not satisfied out of the proceeds of sale of the debris of such structure, the same shall be recoverable from the owner of the structure or any other person claiming an interest therein or from the person who was in occupation of such structure, as arrears of land revenue.
(6) Notwithstanding anything contained in this Act, the owner of the unauthorised or illegal dwelling structure referred to in sub-section (1) or any other person responsible for construction of such unauthorised structure or who has aided or abeted the construction of such unauthorised or illegal structure or the person who is in the occupation of such structure with the knowledge that such structure is unauthorised or is illegally constructed, shall be guilty of an offence under this section and shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand five hundred rupees but which may extend to five thousand rupees.
(7) Notwithstanding anything contained in this Act, the Competent Authority or any of its officer who,-
- (i) has aided or abeted the construction of illegal or unauthorised structure; or
- (ii) has failed to demolish such structure as provided in sub-section (5) without any sufficient reason, such act of commission or omission on their part shall constitute an offence under this section and shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine which shall not be less than two thousand five hundred rupees but which may extend to five thousand rupees : Provided that, before initiating any action against the Competent Authority or any of its officer on the ground of aiding or abetting the construction of any unauthorised or illegal dwelling structure, or failure to carry out the duty of demolition of an unauthorised dwelling structure, a reasonable opportunity of being heard shall be given to him by the concerned Disciplinary Authority : Provided further that, on prima-facie case of commission of such offence being established against the Competent Authority or any of its officer, the concerned authority or officer may, pending prosecution, be suspended by the concerned Disciplinary Authority.
(8) The offences punishable under sub-section (6) shall be cognizable and non-bailable.
(9) It shall be binding on the occupant of a dwelling structure to forthwith produce the photo-pass for inspection as and when demanded by the Competent Authority or any officer specially authorised by it in this behalf or by any police officer who is competent to investigate the cognizable cases under the Code of Criminal Procedure, 1973 (2 of 1974), and non-production or failure on the part of such occupant to produce the photo-pass shall be sufficient ground or evidence for the police officer to take cognizance of an offence under this section : Provided that, no such demand for inspecting of the photo-pass of any occupant shall be made by the Authority or its officer or the police officer, after sunset and before sunrise.]

Study data processing for this section.

PDF: pending for this language.