Section 9 in The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
9. Power of prescribed authority to order demolition of building unfit for human habitation.
(1)Where the prescribe authority on a report from the Board, the local authority concerned, the housing Board or an officer authority by the State Government for this purpose or on other information in its possession is satisfied that any building in a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest in the building whether as lessees, mortgagee or otherwise, a notice o show cause, within such time as may be specified in the notice, as to why an order of demolition of the building should not be made.(2)If any of the persons upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the prescribed authority and gives an undertaking to that authority that such person shall, within such period as may be specified by the authority, execute such works of improvement in relation to the building as will, in the opinion of that authority, rendered the building fit for human habitation or that it shall not be used for human habitation until the prescribed authority on being satisfied that it has been rendered fit for human habitation, cancels the undertaking, the prescribed authority shall not make any order of demolition of the building.(3)If no such undertaking as is mentioned in sub-section (2) is given, or if, in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the prescribed authority shall forthwith make an order of demolition of the building, requiring that the building shall be vacated within a period to be specified in the order not being less than five days from the date of the order and that it shall be vacated within a period to be specified in the order not being less than five days from the date of the order and that it shall be demolished within four weeks after the expiration of that period:Provided that, before any such order is made, the prescribed authority shall as far as practicable secure accommodation in advance for housing the occupiers who may be dishoused as a result of such demolition.
