(1) Notwithstanding anything contained in this Act, on and after the commencement of the 4[Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Amendment) Act, 2014 (Mah. IX of 2014)], no protected occupier shall, save as provided in sub-section (2), be evicted, from his dwelling structure.
(2) When, in the opinion of the State Government, it is necessary in the larger public interest, to evict the protected occupiers from the dwelling structures occupied by them, the State Government may, subject to the condition of relocating and rehabilitating them in accordance with the scheme or schemes prepared by the State Government in this behalf, evict them from such dwelling structures:
1 Chapter I-B and sections 3X, 3Y, 3Z, 3Z-1 and 3Z-2 were inserted by Mah. 10 of 2002, s. 3 2 Clause (a) was substituted by Mah. 38 of 2018, s. 7. 3 These letters, word and figures were substituted by Mah. 9 of 2014, s. 2. These words and figures were substituted by Mah. 9 of 2014, s. 3. 26 The Maharashtra Slum Areas (Improvement, [1971 : Mah. XXVIII Clearance and Redevelopment) Act, 1971
Provided that, if any of the protected occupiers does not comply with the terms and conditions of the scheme for relocation and rehabilitation, such occupier shall forfeit the claim for such relocation and rehabilitation and shall become liable for eviction without being relocated and rehabilitated.
3Z-1. Powers of Competent Authority to demolish unauthorised or illegal dwelling structures.—
(1) Where a Competent Authority, upon a complaint from any person or report from its officer or police or any other record or information in its possession, is satisfied that any unauthorised or illegal dwelling structure or part thereof has been constructed or any addition to the existing structure as recorded on photo-pass, has been erected, after the 1[1st January 2000], within the area of its jurisdiction, without obtaining necessary permission required to be obtained in that behalf under the relevant laws, of the concerned statutory authorities, it shall forthwith serve upon the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein and also upon the person who is in occupation of such structure, a written notice to show cause, within twenty-four hours as to why an order of demolition of the structure should not be made.
(2) If the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein or the occupier of such structure is, by any reason whatsoever, not available for serving or receiving the notice, such notice shall be affixed at a conspicuous place on such structure, and it will be deemed to be due service of notice on the concerned person or persons.
(3) The person or persons upon whom the notice has been served under sub-section (1) or (2), as the case may be, shall, within twenty-four hours appear before the Competent Authority and produce or cause to be produced by his agent or representative, the necessary documents to prove that the requisite statutory permission for construction, reconstruction, addition or extension, as the case may be, has been duly obtained by him and that the construction, re-construction, addition or extension is not unauthorised or illegal.
(4) The Competent Authority shall, thereupon, on scrutiny of documents, if any, produced by such person, on being satisfied that the dwelling structure, addition to it or extension thereof, is unauthorised or illegal, forthwith make an order, in writing, for demolition of such structure immediately, and in any case not later than twenty-four hours from the time of making of the order, by such person:
Provided that, if the owner or as the case may be, the person claiming an interest in the structure or the occupier of such structure or his agent or representative fails to appear before the Competent Authority, within the time specified in the notice, the structure shall be treated as unauthorised or illegal and the Competent Authority shall pass an order for its demolition.
(5) Where an order of demolition of such unauthorised or illegal dwelling structure is made under sub-section (4) or the proviso thereto, the owner of the structure or any other person claiming an interest therein or the person in occupation of such structure shall, immediately demolish that structure within twenty-four hours from the passing of the demolition order and if, the concerned person who is ordered to demolish the structure, fails to demolish such structure within that time, the Competent Authority shall forthwith demolish the structure and remove the debris with the help of its staff and the police officer from the area where such structure is situated, and sell the debris of such demolished structure to recover the expenses incurred by the Competent Authority for such demolition and removal of debris. If the expenses incurred are not satisfied out of the proceeds of sale of the debris of such structure, the same shall be recoverable from the owner of the structure or any other person claiming an interest therein or from the person who was in occupation of such structure, as arrears of land revenue.
3Z-2. Demolition of unauthorised or illegal dwelling structures and penal liability.—
(1) After the commencement of the 2[Maharashtra Slum Areas Improvement, Clearance and Redevelopment) (Amendment) Act, 2014 (Mah. IX of 2014)], where a Competent Authority, upon a complaint from any person or report from its officer or police, or any other record or information in its possession, is satisfied that any unauthorised or illegal dwelling structure or part thereof has been constructed or is being constructed or any addition to the existing structure is erected or being erected, within the area of 1 These letters, word and figures were substituted by Mah. 9 of 2014, s. 4. These words and figures were substituted by Mah. 9 of 2014, s. 5. 1971 : Mah. XXVIII] The Maharashtra Slum Areas (Improvement, 27 Clearance and Redevelopment) Act, 1971 its jurisdiction, without obtaining necessary permissions required to be obtained in that behalf under the relevant laws, of the concerned statutory authorities, it shall forthwith serve upon the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein and also upon the person who is in occupation of such structure, a written notice to show cause, within twenty-four hours as to why an order of demolition of such structure should not be made.
(2) If the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein or the occupier of such structure is, by any reason whatsoever, not available for serving or receiving the notice, such notice shall be affixed at the conspicuous place on such structure, and it will be deemed to be due service of notice on the concerned person or persons.
(3) The person or persons upon whom the notice has been served under sub-section (1) or (2), as the case may be, shall within twenty-four hours appear before the Competent Authority and produce or cause to be produced by his agent or representative, the necessary documents to prove that the requisite statutory permission for construction, reconstruction, addition or extension, as the case may be, has been duly obtained by him and that the construction, reconstruction, addition or extension, is not unauthorised or illegal.
(4) The Competent Authority shall, thereupon, on scrutiny of documents, if any, produced by such person, on being satisfied that the dwelling structure, addition to it or extension thereof is unauthorised or illegal, it shall forthwith make an order, in writing for demolition of such structure immediately, and in any case not later than twenty-four hours from the time of making of the order, by such person:
Provided that, if the owner or as the case may be, the person claiming an interest in the structure or the occupier of such structure or his agent or representative fails to appear before the Competent Authority, within the time specified in the notice, the structure shall be treated as unauthorised or illegal and the Competent Authority shall pass an order for its demolition.
(5) Where an order of demolition of such unauthorised or illegal dwelling structure is made under sub-section (4) or the proviso, thereto, the owner of the structure or any other person claiming an interest therein or the person in occupation of such structure shall, immediately demolish that structure within twenty-four hours from the passing of the demolition order and if, the concerned person who is ordered to demolish the structure, fails to demolish such structure within that time, the Competent Authority shall forthwith demolish the structure and remove the debris with the help of its staff and the police officer from the area where such structure is situated, and sell the debris of such demolished structure to recover the expenses incurred by the Competent Authority for such demolition and removal of debris. If the expenses incurred are not satisfied out of the proceeds of sale of the debris of such structure, the same shall be recoverable from the owner of the structure or any other person claiming an interest therein or from the person who was in occupation of such structure, as arrears of land revenue.
(6) Notwithstanding anything contained in this Act, the owner of the unauthorised or illegal dwelling structure referred to in sub-section (1) or any other person responsible for construction of such unauthorised structure or who has aided or abeted the construction of such unauthorised or illegal structure or the person who is in the occupation of such structure with the knowledge that such structure is unauthorised or is illegally constructed, shall be guilty of an offence under this section and shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand five hundred rupees but which may extend to five thousand rupees.
(7) Notwithstanding anything contained in this Act, the Competent Authority or any of its officer who,—
(i) has aided or abeted the construction of illegal or unauthorised structure; or
(ii) has failed to demolish such structure as provided in sub-section (5) without any sufficient reason, such act of commission or omission on their part shall constitute an offence under this section and shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine which shall not be less than two thousand five hundred rupees but which may extend to five thousand rupees: 28 The Maharashtra Slum Areas (Improvement, [1971 : Mah. XXVIII Clearance and Redevelopment) Act, 1971
Provided that, before initiating any action against the Competent Authority or any of its officer on the ground of aiding or abetting the construction of any unauthorised or illegal dwelling structure, or failure to carry out the duty of demolition of an unauthorised dwelling structure, a reasonable opportunity of being heard shall be given to him by the concerned Disciplinary Authority:
Provided further that, on prima-facie case of commission of such offence being established against the Competent Authority or any of its officer, the concerned authority or officer may, pending prosecution, be suspended by the concerned Disciplinary Authority.
(8) The offences punishable under sub-section (6) shall be cognizable and non-bailable.
(9) It shall be binding on the occupant of a dwelling structure to forthwith produce the photo-pass for inspection as and when demanded by the Competent Authority or any officer specially authorised by it in this behalf or by any police officer who is competent to investigate the cognizable cases under the Code of Criminal Procedure, 1973 (2 of 1974), and non-production or failure on the part of such occupant to produce the photo-pass shall be sufficient ground or evidence for the police officer to take cognizance of an offence under this section:
Provided that, no such demand for inspecting of the photo-pass of any occupant shall be made by the Authority or its officer or the police officer, after sunset and before sunrise.] [CHAPTER I-C SPECIAL PROVISIONS FOR IN SITU REHABILITATION HOUSING SCHEMES FOR PROTECTED OCCUPIERS IN SLUM AREAS 3Z-3. Definitions.— In this Chapter, unless the context otherwise requires,—
(a) “Housing Committee” means a Housing Committee constituted under section 3Z-4;
(b) “Housing scheme” means a scheme formulated and declared by the State Government or the Government of India, for the construction or reconstruction of dwelling units or structures in the scheme area for providing basic amenities to the slum dwellers who are protected occupiers as defined in clause (a) of section 3X and their in situ rehabilitation in such scheme area;
(c) “Scheme area” means any area declared as the scheme area by the concerned Housing Committee, in the Official Gazette, for the purposes of this Chapter and shall include any area declared as the slum area under section 4;
(d) words and expressions used herein but not defined, shall have their respective meanings as assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
3Z-4. Constitution of Housing Committee.— The State Government shall, for the purpose of this Chapter, by order, constitute the Housing Committee or Committees for each district and the composition, and functions and powers and duties of such Housing Committee or Committees, as the case may be, shall be such as may be prescribed.
3Z-5. Development permission.—
(1) Under any housing scheme, the protected occupier in the scheme area may, after obtaining the permission of the Planning Authority, in the prescribed manner, construct or re-construct a dwelling structure as per the terms and conditions of the housing scheme.
(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the Planning Authority may relax, the provisions of the Development Plan or Regional Plan, including the Development Control Rules or Regulations, wherever found necessary in regard to any development or redevelopment under a housing scheme:
Provided that, no such relaxation shall be made without first obtaining in writing, the concurrence of the Director, Town Planning, Maharashtra State or an officer authorised by him in this behalf.
1971 : Mah. XXVIII] The Maharashtra Slum Areas (Improvement, 29 Clearance and Redevelopment) Act, 1971
(3) The Housing Committee may also carry out such other incidental or connected functions and duties as may be assigned to it by the State Government, from time to time, by special or general orders issued in this behalf, not inconsistent with the provisions of this Act.
(4) Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), no development charges or any other fee shall be payable to the Planning Authority under the said Act, for any development undertaken in respect of a housing scheme, as may be notified from time to time, by the State Government under this Act.
3Z-6. Provisions of this Chapter not to apply in certain areas.— Notwithstanding anything contained in this Act, nothing in this Chapter shall apply to the,—
(a) Scheduled areas, declared as such by the President of India by an order under paragraph 6 of the Fifth Schedule to the Constitution of India;
(b) forest area to which the Forest (Conservation) Act, 1980 (69 of 1980) applies;
(c) Coastal Regulation Zone as declared under clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);
(d) Eco-Sensitive Zones of Ecologically Fragile Areas as declared under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);
(e) Hill Stations as notified by the State Government;
(f) Special Tourism Areas, declared as such by the Central or State Government;
(g) Lands belonging to the Central Government or any entity thereof unless the same is voluntarily offered for the housing scheme;
(h) any slum area which, in the opinion of the State Government or the concerned Housing Committee, is unsuitable for human habitation or to which it would not be in the public interest to apply the provisions of this Chapter.
3Z-7. Control by State Government.— The authority exercising the powers under sub-section
(2) of section 3Z-5 shall furnish to the State Government such reports, returns and other information as the State Government may, from time to time, require.]