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Section 5C: Power of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are source of danger to public health, etc.

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

[5C. Power of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are source of danger to public health, etc.- (1) Where the Competent Authority, upon report from any of its officers or other information in its possession, is satisfied that any buildings in a slum area are in any respect unfit for human habitation, or any slum area or part thereof is or is likely to be a source of danger to the health, safety or convenience of the public in that area or in its neighbourhood by reason of the area having no basic amenities or having inadequate amenities or being insanitary, squalid, overcrowded or otherwise a source of such danger, the Competent Authority may, unless in its opinion the buildings or the area are not capable at a reasonable expense of being rendered so fit or free from such danger, serve upon the owners of the buildings or lands in the area a notice requiring them, within such time, which shall not be less than thirty days, as may be specified in the notice, to execute such works of improvement, either within or outside the buildings or the area, as may be specified in the notice and stating that in the opinion of the Authority those works will render the buildings or the area fit for human habitation or free from such danger, as the case may be.

(2) In addition to serving a notice under this section on the owners, the Competent Authority may serve copy of the notice on every mortgagee of the building or land so far as it is reasonably practicable to ascertain such persons and further a copy of such notice shall also be displayed at some conspicuous place in the slum area for the information of the occupiers thereof. Such display of the notice shall be conclusive proof that the owners, occupiers and other persons concerned have been duly informed of the matter stated in the notice.

(3) In determining for the purposes of this Act whether the building can be rendered fit for human habitation or the area can be rendered free from danger aforesaid, at reasonable expense, regard shall be had to the estimated cost of the works necessary for these purposes and the value which it is estimated that the buildings or lands will have when the works are completed.]

Where this provision sits

ActThe Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Section5C
Marginal notePower of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are source of danger to public health, etc.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Mah. 20 of 1976. Section 5C was substituted for the original by Mah. 20 of 1976, s. 5.

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