Section 3D in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
3D. Application of other Chapters of this Act to Slum Rehabilitation Area with modification.
- On publication of the Slum Rehabilitation Scheme under sub-section (1) of Section 3B, the provisions of other Chapters of this Act shall apply to any area declared as the slum rehabilitation area, subject to the following modifications, namely :-(a)Chapters II and III shall be omitted;(b)in Chapter IV,-(i)Section 11 shall be omitted;(A)[ for sub-section (1), the following sub-section shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018.](ii)in Section 12, -(1)As soon as may be, after the Chief Executive Officer has declared any land to be a Slum Rehabilitation Area, and upon approval of the Slum Rehabilitation Scheme, he shall as early as possible proceed to make a clearance order in relation to that within fifty days land, order for the demolition of each building specified therein, and require each such building to be vacated by its occupier within such time which shall not be less than thirty days, but in any case not more than sixty days, as may be specified in such clearance order.](B)sub-sections (2) and (3) shall be omitted;(C)[ for sub-section (4), the following sub-section shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018](4)Any person aggrieved by the clearance order may, within thirty days of the publication of the notice of the confirmation of the clearance order prefer an appeal to the Grievance Redressal Committee. The decision of the Grievance Redressal Committee in such appeal shall be final.](D)[ for sub-section (5), the following sub-section shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018](5)Where any such appeal is duly made,-(a)the Grievance Redressal Committee may, by interim order, suspend the operation of the clearance order either generally, or in so far as it affects any property, until the final determination of the appeal;(b)the Grievance Redressal Committee if satisfied upon hearing of the appeal that the clearance order is not within the powers of this Act, or that the interest of the appellant have been substantially prejudiced, by any requirement of this Act not having been compiled with, may quash the clearance order either generally, or in so far as it affects any property of the appellant;(c)the decision of the Grievance Redressal Committee in such appeal regarding such declaration and execution of clearance order shall be final.](E)[ for sub-sections (6) and (7), the following sub-sections shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018](6)Subject to the provisions of the last preceding sub-section, the clearance order shall become operative at the expiration of time limit specified by the Chief Executive Officer in the clearance order issued under sub-section (1) from the date on which the notice of confirmation of the clearance order is published in accordance with the provisions of this Act.(7)When the clearance order becomes operative, the owners of building to which the clearance order applies shall, demolish the building before the expiration of time limit specified by the Chief Executive Officer in the clearance order, issued under sub-section (1) from the date on which the building is required by the clearance order to be vacated, or before the expiration of such longer period as in the circumstances of the case, the Chief Executive Officer may deem reasonable.](F)[ for sub-section (8), the following sub-section shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018](8)If the building is not demolished before the expiration of the period mentioned in the sub-section (7), the Chief Executive Officer may enter and demolish the building and sell the material thereof.](G)in sub-section (9), for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;(H)[ for sub-section (10),the following sub-section shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018](10)Subject to the provisions of this Act and of any other law for the time being in force, in relation to the town planning and to the regulation of the erection of building, where a clearance order has become operative, the owner of the land to which the clearance order applies, may redevelop the land in accordance with the plans approved by the Slum Rehabilitation Authority and subject to such restrictions and conditions (including a condition with regard to the time specified in the general Slum Rehabilitation Scheme, within which the redevelopment shall be completed), if any, as that Authority may think fit to impose:Provided that, the owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the Chief Executive Officer to cancel or modify any such restriction or condition may, appeal to the Grievance Redressal Committee and the decision of the Grievance Redressal Committee regarding restriction and condition imposed shall be final.](a)for the words "Competent Authority" the words "Slum Rehabilitation Authority" shall be substituted;(b)in the proviso,-(i)for the words "Competent Authority" the words "Chief Executive Officer" shall be substituted;(ii)for the words "Tribunal" the words "Special Tribunal" shall be substituted;]["(iii) for section 13, the following section shall be substituted, namely:- [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018.]
