Restriction on buildings, etc., in slum areas.

§8

Summary

(1) The Competent Authority may, by notification in the Official Gazette (and also published in such other manner as may be prescribed), direct that no person shall erect any building in slum area except with the previous permission in writing of the Competent Authority. (2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof, or such extended period or periods not exceeding a further five years as the State Government may, by notification in the Official Gazette (and also published in such other manner as may be prescribed) from time to time specify in this behalf, except as respect things done or omitted to be done before such cesser. (3) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the Competent Authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed. (4) On receipt of such application, the Competent Authority, after making such inquiry as it considers necessary, shall, by order in writing- (a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission : Provided that, before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (5) Nothing contained in sub-section (1) shall apply to- (a) any works of improvement required to be executed by a notice under sub-section (1) 1[of section 5 or of section 5C]; or in pursuance of an undertaking given under sub-section (2) of section 9; or (b) the erection of any building in any area in respect of which a slum clearance order has been made under section 12.

(1) The Competent Authority may, by notification in the Official Gazette (and also published in such other manner as may be prescribed), direct that no person shall erect any building in slum area except with the previous permission in writing of the Competent Authority. (2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof, or such extended period or periods not exceeding a further five years as the State Government may, by notification in the Official Gazette (and also published in such other manner as may be prescribed) from time to time specify in this behalf, except as respect things done or omitted to be done before such cesser. (3) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the Competent Authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed. (4) On receipt of such application, the Competent Authority, after making such inquiry as it considers necessary, shall, by order in writing- (a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission : Provided that, before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (5) Nothing contained in sub-section (1) shall apply to- (a) any works of improvement required to be executed by a notice under sub-section (1) 1[of section 5 or of section 5C]; or in pursuance of an undertaking given under sub-section (2) of section 9; or (b) the erection of any building in any area in respect of which a slum clearance order has been made under section 12.

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