Bare ActsThe Slum Areas (Improvement and Clearance Act, 1981 (Act 24 of 1981)

Section 21

Useof land acquired

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Useof land acquired.-(!) \..Yhcrr any land specified in sub-section (I) of section 14 has been acquired under this Act, the Govert'ment shall under- take or cause to • be undertaken such measures as may be necessary for the improvement, development, clearance or re-development of the land or the erection of bt..~ildings thereon in accordance with such plan as may be approved by them : • Provided that where any such land or any portion thereof is, in the . opinion of the Government, unsuitable for the p t..~rposes mentioned above, on the ground that the use of the land or portion for such pUI poses will not ~ be in the interest of orderly town plannmg, the framing of any master plan or the diviston of the town into d1fferent zones, or on the ground that the area of the land or portion is small, or on any other ground, the Government may use it or allow it to be used for such public purposes as they think fit. (2) Any sites or buildings on any land referred to in the proviso to sub· section (1) may be allotted or leased for the accommodation of slum dweHers and of persons of such low income groups as may be presc1 ibed, on such terms and conditions as may be prescribed : Provided that except as otherwise provided in this Act, no portion of any land acquired under this Act shall be permanently granted, sold or alienated in favour of any person or persons. (3) For the purpose of undertaking the measures referred to in sub- • section ( l ), the Gove1 nrnent may either hold the land under their ownership, control and management and execute such measures themselves or through any agency on such terms and conditions as may be determined by them or transfer the land to the Corporation of the City of Trivandrum or the City • of Calicut ot the City of Cochin, as the case may be, or the municipal council or township comm1ttee or panchayat concerned, or to the development authority or town planning trust having jurisdictiOn over the area in which the land is situate, for the s.Lid purpose. (4) Where any land is transferred as provided in sub-section (3),- (a) such ]and shall vest in the corporation or the municipal council or the township committee or the panchayat or the development authority or the town planning trust, as the case may be~ and the corporatmn or the municipal council or the township com nittee or the panchayat or the deve- loplllent authority or the town planning trust shall be liable to pay the cost of acquisition of the land ot· such portion thereof as the Government may fix in each case ; and (b) the corporation or the municipal council or the township com- mittee or the panchayat or the development authonty or the town planning ~ trust as the case may be, shall execute the mea~ures referred to in sub-section (1) in accordance with such plans as may be approved by the Government and subject to such direction as may be gwen from time to time by tbe Gov.crnment; and shal 1, in the use of the land and in all connected matters, be bound by the prov1sions of this Act. a £ .z • • • ,. 161 (5) Any building erected by the Government or, a3 \.he case n.ny be, by a local authority uudel' this section may be allotted or lC'ast·d ror the nrcommodation of slum dwellers and of person~ of such low 111Cnnw gwups as may be prescribed, on such terms and conditions as may hc- prescrihC'd. (6) Notwithstanding anything contained in any law fin· tlu: timt· br.ing in force, or in any contr<lCt, no pnv Jl to whom any build111g is .tltottccl or IC"ascd under sub-sertion (5) fot ]u~ accommodation shall "nit-let that building to any other J><:rson o.r alienate J1is nght., in rrsprct or ~11ch lmilding. (7) If the allottCf' m· tenant of any huil dmg sub-lets that \mil ding or pot·tJOn thereof Ctr alicnn.tes his r1ghts in HSpcct of ~uch butl<l,ng or portion of building in conttavcntion of sub-section (G), such sub-leas(• or nlic·nation shall be invalid and such building or portion of building or, as the case may he, such rtghts ('hall r<'V<~l t to the Government or the local authority, ns the ca~e may be. CHAPTJ:H. VI PROTECJ'JON OF TENANTS IN SLU1vf AREAS FROM EVICTION 22 Tenantr m slum ar(aS not to be evzcted Wlthout pPrmisston of rompelmt rmthonty.-(1} Notwithstanding anything contamed m any other law for lhe timr. being in force, no person shall, except with the p1 evJous perm i~sion in wt·iting of the competent authority,- (a) institute, afteJ \he commencement of this Act, any suit or other proc·eeding for obtaining any dcc1 ee or ordrr Jor the eviction of a tenant from any buildmg or land in a slum area; 01 (b) where any decree or order h obtawcd in any suit or procrt:cling instituted before sm h commcncrmcnt for the eviction of a tcnnnl r.~om nny huildmg or land in such area, execute such derree or order. (2 1 E\'ei v pcuon dco;tring to obt .tin 1 he pe• mi:,stou 1 d(·r• ~·<1 to ill ~ulH.CctiO)l. ( l) may m<1kc an apphcahun 111 ''' 1tmg to the comp!!lt!nl.lUIIw· tity in such f01m and containmg such p.u·riculars as·may be pH·.scnbed. (3) On receipt of an application w·der sub-section (2), the competent nuchonty, after giving an opportunity to the parltes to be hHatd nud ;tfter making such ~umm.ary inquiry !HtC> tbc circumstances of the case as it ~h~nks fit, shall> by order m Wltttng, c1ther g•·aut or 1 cfusc to grant such pcrmtsston, ( 4) In gtanting or refusing to gram th<· permission undet ~uh-'icction {3), the competent authority shall take mto account the folJowing f.tctors, uameJy:- (a) whether nltC'rna.tive accommodation within the mcanCl of th«! ' tenant would be available to lnm if he w~re evictc(l; (b) whether the eviction is in the interest of Improvement ;md clear. ancc of the slum areas; and . (c) suclt other factors, if any, as may be prescribed. -... ........ -- 162 (5} Where the competent authority refuses to grant the permission, it shall record a bri~f statement of the reasons for such refusal and furnish a copy thereof to the applicant.

Section 21 – The Slum Areas (Improvement and Clearance Act, 1981 (Act 24 of 1981) | DailyLaw.ai