Section 488 in The Orissa Municipal Corporation Act, 2003
488. Classification of land status or tenability.
(1)The land status of all listed slum or informal settlements shall be classified by the Corporation with prior approval of the Government as either tenable or untenable in order to determine whether or not regular planned service provision will be undertaken on in-situ or re-settlement basis and all listed slums or informal settlements are to be considered as tenable unless the site falls strictly within the criteria as specified under Sub-section (2).(2)A site shall not be declared as untenable unless existence of human habitation on such site entails undue risk to the safety or health or life of the residents and unless habitation on such sites is considered contrary to public interest.(3)The issue of whether a settlement's existence is against public interest shall be decided by the Government in consultation with the Corporation and technical experts, after giving full opportunity to the slum dwellers to express their views, in a public hearing and the process of consultation and public hearing shall be completed within a period of three calendar months from the date of its initiation.(4)All listed settlements which do not fall strictly within the category identified under Sub-section (2) shall be considered as tenable and accordingly shall be eligible for in-situ upgrading subject to the settlement of ownership disputes on the land.
