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Section 8: Power of competent authority to order demolition of building unfit for human habitation

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

(l) Where a competent authority upon a report from any of its officers or other information in its possession is satisfied that any building within a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered fit, it shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice-as to why an order of demolition of the building should not be made.

(2) If any of the persons upon whom a notice has been served under subsection (1), appears in pursuance thereof before the competent authority and gives an undertaking to the authority that such person shall within a period specified by the authority execute such works of improvement in relation to the building to the satisfaction of the authority so as to render the building fit for human habitation, the authority shall not make any order of demolition of the building.

(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the competent authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified ill the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period:

Provided that the competent authority shall not demolish any building until an alternative accommodation for the occupier or occupiers is arranged.

Where this provision sits

ActThe Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979
Section8
Marginal notePower of competent authority to order demolition of building unfit for human habitation
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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