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Start Free TrialThe Maharashtra Housing and Area Development Act, 1976 Complete Act
State: Maharashtra
Year: 1976
THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976 THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976 An Act to unify, consolidate and amend the laws relating to housing, repairing and reconstructing dangerous building and carrying out improvement works in slum areas. 1[WHEREAS, on account of the rapid growth of industries in the urban areas and the fast growth of population and commercial activities in such area, the need of housing accommodation could not be met by the limited house construction activities in the private sector; AND WHEREAS, in the urban areas and particularly in the 2[Brihan Mumbai] the old buildings which have outlived their lives and rendered themselves in a bad state of repairs and presented a dangerous possibility of collapse, necessity was increasingly felt to take up the programme of repairs and reconstructions of such buildings; AND WHEREAS, due to acute shortage of accommodation in the urban area such have come up which necessitated taking up improvement works in slum areas; AND WHEREAS, the magnitude of the housing programme for construction of new houses throughout the State and the task of repairs and reconstruction of old and.....
List Judgments citing this sectionThe Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 Complete Act
State: Maharashtra
Year: 1971
.....SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971 THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971 An Act to make better provision for the improvement and clearance of slum, ,areas in the State and their redevelopment 2[and for the protection of occupiers from eviction and distress warrants]. WHEREAS, it is expedient to make better provision for the improvement and clearance of slum areas in the State and 3[for their redevelopment and for the protection of occupiers from eviction and distress warrants;] and for matters connected with the purposes aforesaid; It is hereby enacted in the Twenty-second Year of the Republic of India as follows :- 1. For Statement of Objects and Reasons, see M.G.G., 1970, Part V, Extra pp. 252- 53; for Report of the Joint Committee, see M.G.G., 1971, Part V, Extra, p. 429 2. These words were added by Mah. 13 of 1978, s.2 3. These words were substituted for the words "and their redevelopment", ibid. s.3 4. This indicates the date of commencement of Act, 5. Maharashtra Ordinances No. IV and V of 1978 were repealed by Mah. 13 of 1978, s.7 and 8 res'pectively. 6. This Act came into force on 6th.....
List Judgments citing this sectionSlum Areas (Improvement and Clearance) Act, 1973 Chapter 4
Title: Improvement of Slum Area
State: Karnataka
Year: 1973
.....when such works are completed. Section 7 - Power to execute works of improvement to slum areas and to recover expenses (1) If a notice under sub-section (1) of section 6 is not complied with, then, after the expiration of the time specified in the notice, the prescribed authority may itself execute the works required to be executed by the notice (2) 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 slum area or part thereof or of the building or of the land, on which the building stands, as the case may be, as arrears of land revenue and all such expenses and interest shall constitute a charge upon the slum area or part thereof or the building or the land on which the building stands, as the case may be: Provided that if the owner proves that he,- (a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the prescribed.....
View Complete Act List Judgments citing this sectionSlum Areas (Improvement and Clearance) Act, 1973 Chapter 7
Title: Protection of Tenants in Slum Areas from Eviction
State: Karnataka
Year: 1973
.....permission. (4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely:- (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum area; (c) such other factors, if any, as may be prescribed. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. Section 29 - Appeal against order refusing permission Any person aggrieved by an order of the prescribed authority refusing to grant the permission under sub-section (4) of section 5 or under sub-section (3) of section 28 may, within such time as may be prescribed, prefer an appeal to the Government and the Government may, after hearing the appellant, decide such appeal and its decision shall be final. Section 30 - Restoration of possession of premises vacated by a tenant (1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted.....
View Complete Act List Judgments citing this sectionSlum Areas (Improvement and Clearance) Act, 1973 Section 6
Title: Power of Prescribed Authority to Require Execution of Works of Improvement in Slum Areas
State: Karnataka
Year: 1973
.....bathing places, construction of drains, open or covered, as the case may be, provision of water-borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land. (2) In addition to serving a notice under sub-section (1) on the owner concerned, the prescribed authority may serve a copy of the notice on any other person having an interest in the slum area or part thereof or the building or the land on which the building stands, whether as a lessee, mortgagee or otherwise. (3) In determining for the purposes of this Act whether at a reasonable expense the slum area or part thereof can be improved or the building rendered fit for human habitation, regard shall be had to the estimated cost of the works of improvement of the slum area or part thereof or of the works necessary to render the building fit for human habitation and the estimated value that the slum area or part thereof or the building will have when such works are completed.
View Complete Act List Judgments citing this sectionSlum Areas (Improvement and Clearance) Act, 1973 Complete Act
Title: Slum Areas (Improvement and Clearance) Act, 1973
State: Karnataka
Year: 1973
.....- Power to clear slum clearance areas Section 14 - Owner may re-develop Section 15 - Power of prescribed authority to re-develop clearance area Section 16 - Rules to provide for transfer to previous occupants Chapter 6 Section 17 - Power to acquire land Section 18 - Land acquired to vest in Government free from all encumbrances Section 19 - Right to receive amount Section 20 - Amount payable Section 21 - Appeal against order fixing the amount Section 22 - Apportionment of amount Section 23 - Payment of amount Section 24 - Payment of interest Section 25 - Appeal to High Court Section 26 - Power of prescribed authority in relation to determination of amount Section 26A - The Board to have power to acquire land by agreement Section 27 - Use of land acquired Section 27A - Carrying out the development and allotment of sites etc. Section 27B - Recovery of sums due to the Board Chapter 7 Section 28 - Proceedings for eviction of tenants not to be taken without permission of the prescribed authority Section 29 - Appeal against order refusing permission Section 30 - Restoration of possession of premises vacated by a tenant Section 31 - Rent of buildings in slum areas.....
List Judgments citing this sectionSlum Areas (Improvement and Clearance) Act, 1973 Section 31
Title: Rent of Buildings in Slum Areas
State: Karnataka
Year: 1973
.....any such building is let to a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 30, the tenant shall be liable to pay to the owner,- (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building the rent determined in accordance with the provisions of that law or the agreed rent whichever is less; (b) if there is no such law in force in such area, such rent as may be agreed to between the owner and the tenant. (3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 30, the tenant shall, notwithstanding any law relating to the control of rents in force in the area, be liable to pay to the owners,- (a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely,- (i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement; (ii) six per cent of the cost of the.....
View Complete Act List Judgments citing this sectionSlum Areas (Improvement and Clearance) Act, 1973 Preamble 1
Title: Karnataka Slum Areas (Improvement and Clearance) Act, 1973
State: Karnataka
Year: 1973
THE 1 [KARNATAKA] SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 19732 [ACT, No. 33 of 1974] [1st October, 1974] PREAMBLE An Act to provide for the improvement and clearance of slums in the State of 1 [Karnataka]. WHEREAS the number of slums in certain areas in the State of 1 [Karnataka] is increasing and is a source of danger to public health and sanitation of the said areas; And whereas under the existing law it has not been possible effectively to check the increase, to eliminate congestion and to provide for basic needs such as streets, water-supply and drainage and to clear the slums which are unfit for human habitation; And whereas to obviate this difficulty it is expedient to provide for the removal of un-hygienic and insanitary conditions prevailing in the slums, for better accommodation and improved living conditions for slum dwellers, for the promotion of public health generally and for the acquisition of land for the purpose of improving, developing or redeveloping slum areas, clearance of slums and rehabilitation of slum dwellers; And whereas the Constitution of India enjoins, as a Directive Principle of State Policy that the State should improve public.....
View Complete Act List Judgments citing this sectionBombay Land Improvement Schemes Act, 1942, (Maharashtra) Preamble
Title: the Bombay Land Improvement Schemes Act, 1942
State: Maharashtra
Year: 1942
.....was no provision in the Bombay Land Improvement Schemes Act, 1942, for the rules made thereunder to be laid before the houses, as a matter of practice, such rules were usually sent to the Legislature Secretariat for being laid before the State Legislature. The Committee on Subordinate Legislation had recommended that suitable amendment in the Act may be made to make the usual statutory provision laying of the rules before such House of the State Legislature.- vide Statement of Objects and Reasons.- Mah. 26 of 1977. The Government of Maharashtra had set up a Company called the Maharashtra Land Development Corporation Limited (hereinafter referred to as the M.L.D.C. ) for the purposes of executing and financing land development schemes under the Bombay Land Improvement Schemes Act, 1942, in the commands of the irrigation projects, with the aid of institutional finance. The M.L.D.C. had prepared and forwarded such schemes of the order of Rs. 130 crores to the Agriculture Refinance and Development Corporation (hereinafter referred to as the A.R.D.C. ) for approval and allocation amongst financing institutions. The A.R.D.C. had by then approved schemes involving an outlay of.....
View Complete Act List Judgments citing this sectionBombay Land Improvement Schemes Act, 1942, (Maharashtra) Section 4
Title: Power of Board or Company to Direct Preparation of Land Improvement Scheme and Matters for Which Scheme May Be Prepared
State: Maharashtra
Year: 1942
.....particulars as may be prescribed.] _________________ 1. These words were substituted for the word Board by Mah. 18 of 1973, section 4(3). 2. These words were substituted for the words The Board", ibid., section 4(l)(a). 3. This portion was added by Mah. 18 of 1973, section 4(l)(b). 4. Clause (iii-a) was Inserted, ibid., section 4(l)(c). 5. Clause (viii-a) was inserted by Bom. 7 of 1945, section 4(1), read with Bom. 29 of 1948, section 2. 6. This clause was inserted by Bom. 73 of 1948, section 4. 7. This clause was inserted by Bom. 38 of 1949, section 2. 8. Sub-section (2) was substituted by Bom. 7 of 1945, section 4(iii), read with Bom. of 1948, section 2. 9. These words were substituted for the words "the Board" by Mah. 18 of 1973, section 4(2).
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