The Punjab Slum Areas (Improvement and Clearance) Act, 1961
Chapter IV SLUM CLEARANCE AND RE-DEVELOPMENT
General196168 sections8 chapters
Chapter IV SLUM CLEARANCE AND RE-DEVELOPMENT
9. Power to declare any slum area to be a clearance area
Statutory text
- (1) Where the competent authority upon a report from any of its officers or other information in its possession is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area, the authority shall by an order notified in the Official Gazette declare the area to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act : Provided that any building in the area which is not unfit for human habitation or dangerous or injurious to health may be excluded from the declaration if the authority considers it necessary.
- (2) The competent authority shall forthwith transmit to the State Government a copy of the declaration under this section together with a statement of the number of persons who on a date specified in the statement were occupying buildings comprised in the clearance area.
Chapter IV SLUM CLEARANCE AND RE-DEVELOPMENT
10. Slum clearance order
Statutory text
- (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 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 State Government for confirmation.
- (2) The State Government may either confirm the order in toto or subject to such variations as it considers necessary or reject the order.
- (3) If the State Government confirms the order, the order shall become operative from the date of such confirmation.
- (4) When a slum clearance order has become operative, the owners of buildings to which the order applies shall 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.
- (5) If the buildings are not demolished before the expiration of the period mentioned in sub-section (4), the competent authority shall enter and demolish the buildings and sell materials thereof.
- (6) Any expenses incurred by the competent authority 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 land revenue.
- (7) Where a slum clearance order has become operative, no land to which the order applies shall be redeveloped except in accordance with plans approved by the competent authority and except subject to such restrictions and conditions, if any, as the competent 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 at any time appeal to the State Government and the State Government shall make such order in the matter as it thinks proper and its decision shall be final.
- (8) 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 (7).
Chapter IV SLUM CLEARANCE AND RE-DEVELOPMENT
11. Power of competent authority to redevelop clearance area or any part thereof
Statutory text
Where land has been cleared of buildings in accordance with a slum clearance order, the competent authority may, at any time after the expiration of twelve months from the date on which the order became operative, by order, determine to re-develop any land which on the date of the making of the order has not been, or is not in the process of being, re-developed by the owner thereof in accordance with plans approved by the authority and any restrictions and conditions imposed under sub-section
- (7) of section 10.
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