Section 36 in THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965
36. Special powers relating to execution of Malin Basti Sudhar aur Nipatan Yojana. - (1) At any time after a [housing or improvement] has come into force, the Housing Commissioner may, in respect of the area comprised in the scheme, -
(a)serve upon the owner of any building or land a notice requiring him within such reasonable time, being not less than forty-five days, as may be specified in the notice or as may be extended by him from time to time, to execute any work of improvement specified therein on the building or land, and in the event of default, cause to be done, through such agency as may be specified by him in this behalf, all or any of the things required by the notice to be done ;(b)serve upon the owner of a building, which in his opinion is not fit for human habitation and is not capable at a reason able expense of being rendered so fit and upon every other person having, within the knowledge of the Housing Commissioner, an interest in the building, whether as a lessee, mortgagee, or otherwise, a notice to show cause, within such time as may be specified in the notice, as to why and order of demolition of the building be not made, and after giving such persons reasonable opportunity of being heard, direct the owner to demolish the same within six weeks of the date of vacation thereof or within such further period as may be allowed, and in the event of default, cause the same to be demolished through such agency as may be specified by him in this behalf;(c)for any of the purposes mentioned in clauses (a) and (b) serve a notice upon any occupier of a building or land to vacate the same within a period specified therein, being not less than thirty days from the date of the service of the notice, and in the event of default, cause the building or land to be vacated, and use such force for that purpose as may be necessary.(2)In case the Housing Commissioner causes any work of improvement to be carried out under sub-section (1) the expenses incurred thereon, to be determined by the Housing Commissioner, together with interest at such rates as may be prescribed, from the date of demand till the date of payment, shall be recoverable by the Board, in such installments as may be prescribed, from the owner of the building or the land, as the case may be, as arrears of land revenue :Provided that the liability of the owner, on his satisfying the Housing Commissioner that he -(a)has been receiving the rent of the building or land merely as agent or trustee for some other person, and(b)has not in his hands on behalf of that other person sufficient money to satisfy the whole demand -shall be limited to the total amount of money in his hands as agent or trustee:(3)In case the Housing Commissioner causes any buildings to be demolished under sub-section (1) the expenses incurred on the demolition shall be deemed to have been reimbursed in full from the sale proceeds, if any, of the materials thereof. The balance, if any, of the sale proceeds of the materials, after deducting the expenses incurred on the demolition of the building and on the sale of the materials, to be determined by the Housing Commissioner, shall be paid to the owners :Provided that if the owner desires to remove the materials or any portion thereof before the sale he. may remove the same after payment to the Housing Commissioner of the entire expenses incurred on the demolition within such time as may be allowed.(4)Where any work of improvement has been carried out in any building under sub-section (1) and is maintained by the Board, the expenses of such maintenance, to be determined by the Housing Commissioner, shall be recoverable by the Board from the occupier of the building as arrears of land revenue.(5)Where there arc more persons than one who are owners or occupiers of the building or land or have an interest in the building, whether as lessees, mortgagees or otherwise, the Housing Commissioner may determine the liability of each such person in respect of the expenses determined under sub-section (2), sub-section (3) or sub-section (4).(6)Where any building is ordered to be vacated in pursuance of an order under this section, the Housing Commissioner shall, as far as may be, offer temporary alternative accommodation to the occupier of the building in such manner and to such extent as may be prescribed.(7)Any person aggrieved against an order determining the amount of expenses under sub-section (2), sub-section (3) or sub-section (4) or making an apportionment under sub-section (5) may appeal against the order to the Tribunal within such time as maybe prescribed, and the decision of the Tribunal thereon shall be final.Explanation. - For the purposes of this section, the terms "occupier", "owner", and "work of improvement" shall have the same meanings as given to them in in clause (0, (g) and (1) of section 2 of the Uttar Pradesh Slum Areas (Improvement and Clearance) Act, 1962 (U.P. Act XVIII of 1962), as amended from time to time, subject to the modification that in the said clause (I) the words "Housing Commissioner", shall stand substituted for the words "competent authority", and the expression "reasonable expense" shall have the same meaning as given to it in sub-section (1) of section 4 of the said Act.
