Bare ActsSlum Areas (Improvement and Clearance) Act, 1981 (Kerala)

Section 12

Slum clearance order

Amendment status not verified — confirm the current text below against the official source.

(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 clearance of the area and 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 Collector for confirmation. (2) The Collector may either confirm the order without modification or subject to such variations as he considers necessary, or reject the order. (3) A copy of every order passed by the Collector under sub-section (2) shall be furnished to the local authority within whose jurisdiction the slum area in respect of which such order has been passed is situate. (4) The Government may, on application from any person or authority aggrieved by an order of the Collector under sub-section (2), call for and examine the record of that order for the purpose of satisfying themselves as to the legality or propriety of such order and may pass such order in reference thereto as they think fit: Provided that the Government shall not pass any order under this sub-section, if the application has been received after the expiry of thirty days from the date of the order of the Collector: Provided further that no order prejudicial to a person shall be passed under this sub-section without giving him an opportunity of being heard. (5) If the Collector confirms the order of the competent authority under sub-section (1), the order shall, subject to the provisions of sub section (4), become operative from the date of such confirmation. (6) When a slum clearance order has become operative, the owners of the lands and the buildings to which the order applies shall clear the area and 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. (7) If the slum clearance area is not cleared or the buildings are not demolished before the expiration of the period mentioned in sub section (6), the competent authority shall enter and clear the area and demolish the buildings and sell the materials thereof by public auction. (8) Any expenses incurred by the competent authority in clearing the area and 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 public revenue due on land and if there is any balance in the sale proceeds after satisfying such expenses, the same shall be paid to the owner or other person entitled to it. (9) Subject to the provisions of this Act, where a slum clearance order has become operative, the owners of the lands to which the order applies may re-develop the lands in accordance with plans approved by the competent authority and subject to such restrictions and conditions (including a 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 competent authority to cancel or modify any such restriction or condition may, within such time as may be prescribed, appeal to the Collector, and the Collector shall make such order in the matter as he thinks proper and his decision shall be final. (10) 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 (9).

Section 12 – Slum Areas (Improvement and Clearance) Act, 1981 (Kerala) | DailyLaw.ai