Amendment status not verified — confirm the current text below against the official source.
Power to declare any slum area to be a slum clearance area.- (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 authorized by the Government for this purpose are 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, they 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 land 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, the Government may pass such orders as they 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 consider it necessary. (3) The notification under sub-section (1) shall specify each of the buildings to be demolished and the area to be cleared. NOTES Tenant withdrawn the application and applied for refund deposited in the ejectment suit filed by the landlord. In the meanwhile notification was made under section 11 of Act 21 of 1971 declaring the area as slum clearance. There is no prohibition for transfer of land or building by the owner even after the area has been declared as a slum area. The question that was considered in that case was whether the respondent can withdraw the application filed under section 9 of the City Tenant Protection Act and claim refund of the amount deposited in court – Yes. (1979 (2) M L J page 463) In the Writ petition filed by the slum dwellers and pavement dwellers from evicting them by the authorities under the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1972 it was held that the improving slums and providing alternative accommodation, the notification issued and the steps that are taken for improving the slum and for providing alternative accommodation is valid – no writ or direction issued except time for eviction is extended following AIR 1986 SC 180 Bombay Pavement and Slum Dwellers. [AIR 1986 SC 204] Section 11 (1) of the Act reads as follows.- It is clear from the above provisions that there must be a notification declaring a particular area as a slum area under Section 3; and as per section 11 there must be a declaration that such areas come under the slum clearance area. Neither of these things has been done in this case, before the Slum Clearance Board launched its coercive proceedings to evict the appellants herein. No provision in the Act has been shown to us as to how such 10 proceedings are taken by the second respondent herein. Even assuming that the second respondent has power to evict the appellants under Act 11 of 1971, on account of the failure on the part of the second respondent to declare the area as a slum area, and the further failure to declare such area as a slum clearance area, the action taken by the second respondent to clear the appellants from the area cannot be sustained. These declarations, in our view, are mandatory in nature and the failure to adhere to the procedure prescribed vitiates all the proceedings taken by the second respondent to evict the appellants. 1984 T L N J Page 224 dated 11.4.1984.