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Section 38: Order of demolition of buildings in certain cases.

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971State Act of Maharashtra · Act 28 of 1971

(1) Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of the provisions of section 8 or of any restriction or condition imposed under sub-section (10) of section 12, or a plan for the redevelopment of any clearance area or in contravention of any notice, order or direction issued or given under this Act, the Competent Authority may, in addition to any other remedy that may be resorted to under this Act or under any other law, make an order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the building so erected shall be liable to forfeiture or to summary demolition by an order of the Competent Authority and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue:

Provided that, no such order shall be made unless the owner has been given a reasonable opportunity of being heard.

(2) Forfeiture under this section be adjudged by the Competent Authority, and any property so forfeited shall be disposed of as the Competent Authority may direct; and the cost of removal of the property under this section shall be recoverable as an arrear of land revenue (XLV of 1860).

(3) For the purpose of causing any building to be demolished under sub-section (1) the Competent Authority may use or cause to be used such force as may be necessary.

Where this provision sits

ActThe Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Section38
Marginal noteOrder of demolition of buildings in certain cases.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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