Vidhi Codex

section 9

Power of Competent Authority to order demolition of buildings unfit for human habitation.

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
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Chapter III SLUM IMPROVEMENT

Statutory text
  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.

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