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Section 11: Slum clearance order

The Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979State Act of Himachal Pradesh · Act 19 of 1979

(1) As soon as may be after the competent authority has declared any area to be a clearance area, it shall make aslum clearance order in relation to that area ordering the demolition of each of the buildings specified therein and requiring each such buildings to be vacated within such time as may be specified in the order and submit the order to the State Government for confirmation:

Provided that the competent authority shall not make such orders unless the persons likely to be affected thereby have been given reasonable opportunity of showing cause against the proposed action.

(2) The State Government may either confirm the order in to or subject to such variations as it considers necessary or reject the order.

(3) If the State Government confirms the order, the order shall become operative from the date of such confirmation.

(4) When a slum clearance order has become operative, the owners of buildings to which the order applies shall 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.

(5) If the buildings are not demolished before the expiration of the period mentioned in sub-section (4), the competent authority shall enter and demolish the buildings and sell the materials thereof.

(6) Any expenses incurred by the competent authority in demolishing a. building shall, if not satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority as arrears ofland revenue.

(7) Where a slum clearance order has become operative, no land in the area to which the order applies shall be re-developed except in accordance with plans approved by the competent authority and subject to such restrictions and conditions, if any, as the competent 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 by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may, within such time and in such manner as may be prescribed, appeal to the State Government and the State Government shall make such order in the matter as it thinks proper and its decision shall be final.

(8) No person shall commence or cause to be commenced any work in contraventionofa plan approved or a restriction or condition imposed under sub-section (7).

Where this provision sits

ActThe Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979
Section11
Marginal noteSlum clearance order
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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