Section 38 in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
38. Order of demolition of building in certain areas. - (1) Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or condition imposed under subsection (10) of section 12, or a plan for the redevelopment of any Slum Rehabilitation Area or in contravention of any notice, order or direction issued or given under this Act, the Chief Executive Officer 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 or by the developer or by the occupant, as the case may be, thereof within such time not exceeding thirty days as may be specified in the order, and on the failure of the owner or the developer or the occupant, as the case may be, to comply with the order, the building so erected shall be liable for forfeiture or for summary demolition by an order of the Chief Executive Officer 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 or the occupant, as the case may be, has been given a reasonable opportunity of being heard.(2)The forfeiture under this section be adjudged by the Chief Executive Officer and any property so forfeited shall be disposed of as the Chief Executive Officer may direct; and the cost of removal of the property under this section shall be recoverable as arrears of land revenue.(3)For the purpose of causing any building to be demolished under sub-section (1), the Chief Executive Officer use or cause to be used such force as may be necessary:Provided that, the Chief Executive Officer shall exercise his powers under sub-section (1), (2) and (3) above only in respect of the Slum Rehabilitation Area on which the Slum Rehabilitation Scheme has been approved by him.](vi)in section 41, after the words "Competent Authority" the words "Slum Rehabilitation Authority" shall be inserted.(vii)in section 42,-(A)[ after the words "in respect of any matter which" the words "the Slum Rehabilitation Authority," shall be inserted;] [Paragraph (A) was substituted by Maharashtra 11 of 2012, Section 5(3), (w.e.f. 19-6-2012).](B)for the word "Tribunal" the words "Special Tribunal" shall be substituted;(viii)in section 43, after the words "Competent Authority" the words "Slum Rehabilitation Authority" shall be inserted;(ix)in section 44, for the word "Tribunal" wherever it occurs, the words "Special Tribunal" shall be substituted;(x)in section 44A,-(A)in sub-section, (2), for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted;(B)in the marginal note, for the word "Tribunal" the words "Special Tribunal" shall be substituted;(xi)throughout section 45, including in the marginal note, for the words "the Tribunal", wherever they occur, the words "the Special Tribunal" shall be substituted;(xii)for section 47, the following section shall be substituted, namely :-"47. Cesser of corresponding laws. - Where [any land] [Substituted 'any area' by Maharashtra Act No. 38 of 2018, dated 26.4.2018.] is declared to be a slum rehabilitation area then as from the date of such declaration, the provisions of any municipal law or other law, corresponding to the provisions of this Chapter, for slum development in relation to such slum rehabilitation area, in force immediately before the said date shall, save as otherwise provided in this Chapter, cease to be in force in such slum rehabilitation area, but so long only as the said declaration remains in force."
