Sec 33-38 of Maharashtra slum areas (improvement, clearance, redevelopment) act 1971

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pls give me the maximum information about sec 33-38 of Maharashtra slum areas (improvement, clearance, redevelopment) act 1971

asked Sep 5, 2013 by adv.sanjkar (150 points)

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THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 

SECTION 33: POWER OF EVICTION TO BE EXERCISED ONLY BY THE COMPETENT AUTHORITY. 

Where the Competent Authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of any order or direction issued or given by the Authority, the Authority shall, by order, direct the eviction of the occupants from the building in such manner and within such time as may be specified in the order, and or the purpose of such eviction, may use or cause to be used such force as may be necessary

Provided that, before making any order under this section the Competent Authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted there from.

SECTION 38: ORDER OF DEMOLITION OF BUILDINGS IN CERTAIN CASES. -

(1) Where the erection of any building has been commenced, or is being carried out, or has b 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 restored 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 shall 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 arrears of land revenue.

(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.

Source : https://www.legalcrystal.com/act/136133/the-maharashtra-slum-areas-improvement-clearance-and-redevelopment-act-1971-complete-act

answered Jan 9, 2014 by legalcrystal (1,210 points)
edited May 18 by legalcrystal
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