Section 93 in Maharashtra Housing and Area Development Act, 1976
93. Clearance and compulsory acquisition.
(1)Notwithstanding anything contained in the Corporation Act, if on receipt of an acquisition proposal under section 92, the State Government is satisfied about the reasonableness of the proposal and of the resources available with the Board for constructing a new budding, it may approve the proposal and communicate its approval to the Board.(2)On receipt of the Government approval, the Board shall forward the acquisition proposal to the Land Acquisition Officer for initiating land acquisition proceedings.(3)On receipt of the acquisition proposal from the Board, the Land Acquisition Officer shall publish simultaneously in the Official Gazette, and in at least four newspapers circulating within [Brihan Mumbai] [These words were substituted for the original by Maharashtra 25 of 1996 section 2 and Schedule para (3).] a notice stating the fact of such proposal having been made by the Board and approved by the Government and alternative accommodation proposed to be provided to the occupiers affected by the proposal and the time before which the building must be vacated.(4)The Land Acquisition Officer shall serve the notice referred to in subsection (3) on the occupiers and owner of the building and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee of the building, and call upon them to submit objections and suggestions, if any, why the land should not be acquired, so as to reach him on or before a date specified in the notice.(5)On considering the objections and suggestions and on giving a reasonable opportunity of being heard to the persons affected by the proposal, the Land Acquisition Officer may sanction the proposals with or without any modification (the modifications being approved by the Board) and shall publish a notification in the Official Gazette fixing a date on which the proposal as approved shall become operative and the land specified therein, shall, on and from the date of such publication, vest absolutely in the Board on behalf of the Authority free from all encumbrances.(6)The notification published under sub-section (5) shall be sufficient authority for the Collector to give notice to the person in possession of the land to surrender or deliver possession thereof within a specified period and on his refusal or failure to do so to take possession of the land and for that purpose to use such force as may be necessary, and to hand over possession thereof to the Board, and for the Board to take further action to get the building vacated in accordance with the next succeeding sub-sections. No person interested in the land shall have any right to object to taking such possession or to vacating of the building merely on the ground that the amount of acquisition has not been fixed or paid.(7)After the proposal becomes operative, the occupiers of the building shall vacate their promises within the time allowed for that purpose under the proposal.(8)After expiry of the time referred to in sub-section (7), the Board shall, for the purpose of vacating the building or such part thereof, as has remained occupied take or cause to be taken such steps and use or cause to be used such force as may in the opinion of the Board be reasonably necessary therefor.(9)The Board may, after giving seven clear days' notice to the persons evicted under sub-section (8), remove or cause to be removed or dispose of by public auction any property remaining in such building.(10)Where the property is sold under sub-section (9), the sale proceeds shall, after deducting the expenses of sale be paid to such person or persons as may appear to the Board to be entitled to the same:Provided that, where the Board is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, it shall refer such dispute to a civil court of competent jurisdiction, and the decision of the court shall be final.(11)After the building is completely vacated, the Board shall proceed to construct a new building on the site according to the proposal.
