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Slum Areas (Improvement and Clearance) Act, 1973 Chapter 5 - Bare Act

StateKarnataka Government
Year
Section TitleSlum Clearance and Re-development
Act Info:

(1) Where the Government, on a report from the Board or the prescribed authority or the local authority concerned or the State Housing Board or an officer authorised by the Government for this purpose is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the clearance of such area and the demolition of all the buildings in the area, it may, by notification, declare the area to be a slum clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act:

Provided that before issuing such notification the Government shall call upon the owners of the lands and buildings in such slum area to show cause why such declaration should not be made and after considering the cause if any, shown by such owners, it may pass such orders as it may deem fit.

(2) Any part of the slum area or any building in the slum area which is not unfit for human habitation or dangerous or injurious to safety, health or morals may be excluded from the notification under sub-section (1) if the Government considers it necessary.

(3) The notification under sub-section (1) shall specify each of the buildings to be demolished and the area to be cleared.


Section 12 - Obligation to clear area and demolish buildings

When a slum area has been declared to be a slum clearance area under sub-section (1) of section 11, the owners of the lands and the buildings in that area shall clear the area and demolish the buildings before the expiration of such period as may be prescribed.


Section 13 - Power to clear slum clearance areas

If any slum clearance area is not cleared or the buildings demolished before the expiration of the period mentioned in section 12 the prescribed authority shall enter and clear the area and demolish the buildings and subject to the provisions of section 61, sell the materials thereof.


Section 14 - Owner may re-develop

(1) Subject to the provisions of this Act, where a notification under sub-section (1) of section 11 has been issued, the owner of the land to which the notification applies may re-develop the land in accordance with plans approved by the prescribed authority and subject to such restrictions and conditions (including condition with regard to the time within which the re-development 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 prescribed authority to cancel or modify any such restriction or condition, may, within such time as may be prescribed, appeal to the Government and the Government shall make such order in the matter as it thinks proper and its decision shall be final.

(2) 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 (1).


Section 15 - Power of prescribed authority to re-develop clearance area

(1) Notwithstanding anything contained in sub-section (1) of section 14, the prescribed authority may, at any time, after the land has been cleared and the buildings have been demolished in accordance with the foregoing provisions of this Chapter but before the work of re-development of that land has been commenced by the owner, by order, determine to re-develop the land if such authority is satisfied that it is necessary in the public interest to do so.

(2) Where land has been cleared and the buildings have been demolished in accordance with the foregoing provisions of this Chapter, and the prescribed authority is satisfied that the land has been, or is being re-developed by the owner.14 thereof in contravention of plans approved by such authority or any restrictions or conditions imposed under sub-section (1) of section 14, or has not been re-developed within the time, if any, specified under such conditions, it may, by order determine to re-develop the land:

Provided that before passing an order under sub-section (1) or sub-section (2), the owner shall be given an opportunity to show cause why the order should not be passed.

(3) All expenses incurred by the prescribed authority under this section, together with interest at such rate as the Government may, by order, fix from the date when a demand for the expenses is made until payment, may be recovered by the prescribed authority from the owner of the land as arrears of land revenue and all such expenses and interest shall constitute a charge upon the land and the building.

(4) The amount of expenses referred to in sub-section (3) shall be determined by order by the prescribed authority.


Section 16 - Rules to provide for transfer to previous occupants

Subject to the provisions of this Act, the Government may, by rules, provide for or regulate the transfer, and the conditions of such transfer to persons who, immediately before the declaration of any slum area to be a slum clearance area, were occupying lands or buildings in that area or lands or buildings in such slum clearance area after its re-development.





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