14.6.10 OBLIGATORY PARTICIPATION The participation of landowners and slum dwellers in

Slum Rehabilitation Scheme shall be obligatory. This participation shall be governed by following regulations,

(A) Landowners The land owner shall be given first preference to implement scheme on his / her land. However landowner in same survey number or part of it having title of an area exceeding 50% shall be given the preference, if he / she is ready to pay an amount of compensation for remaining land. The amount of compensation to be offered shall be decided as per the provisions u/s 17 of the Slum Act. Such a land owner by registering himself as a Registered Developer, or through a Registered Developer may submit the scheme with the consent of 51% of the slum dwellers for the implementation of such scheme. The scheme so submitted shall forthwith be accepted by C.E.O. and C.E.O. will order preparation of the Eligibility List by the Competent Authority concerned. In case a proposal submitted by the landowner is devoid of the consent of slum dwellers, the C.E.O. shall publish a notice to invite slum dwellers to come forward within 90 days of publication of such notice, through a society registered, to submit rehabilitation scheme. If the slum dwellers submit a scheme in response to such a notice, then the C.E.O. will give a reasonable opportunity of being heard to both owner and slum dwellers along with developer engaged. The C.E.O. after taking into account the scheme so submitted and the experience and the capacity of the developer pass a reasoned order to accept one of the proposals. Such decision of the CEO shall be final and binding upon the parties concerned. In case the slum dwellers fail to submit such a scheme, the C.E.O. shall accept the proposal submitted by the land owner.

(B) Slum Dweller In case the concerned landowner has failed to submit the scheme as per the preceding regulation and the slum dwellers have come forward through a Registered Co-operative Society or through a Registered Developer whom 51% of them have given consent, the C.E.O., S.R.A. shall acquire the land under the slum, at the instance of Co-operative Society or Registered Developer. The C.E.O. will simultaneously issue order to the Competent Authority concerned to prepare and submit the Eligibility List. (Annexure II)

(C) Registered Developer A Developer registered with S.R.A. as Registered Developer previously shall be permitted to submit Slum Rehabilitation Scheme in following manner

1. The Registered Developer, who has been appointed by S.R.A. through competitive bid to develop a particular scheme/s, shall submit the scheme which may be accepted by the C.E.O.

2. The Registered Developer with acquired rights from the owner/s of the slum land and who hold consent of 51% slum dwellers shall be allowed to submit the scheme as prescribed in preceding regulation. Such a scheme shall be accepted by C.E.O. and the C.E.O. will order Competent Authority to prepare eligibility list of slum dwellers in Annexure II.

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3. In case the Registered Developer holds the rights from the owner/s of the slum land, but does not have consent of the slum dwellers; submit a scheme, the C.E.O. shall give a 90 days public notice in the slum area for the slum dwellers to come forward for the development. In case hutment dwellers fail to come up with a scheme within the stipulated period of 90 days, C.E.O., S.R.A. may accept the scheme submitted by the registered developer having land ownership or concurrent development rights. In case, upon such notice slum dwellers come forward with a scheme, the C.E.O. as per clause (A) above, after giving a reasonable opportunity to both the parties of being heard, shall accept one of the proposals, taking into account the capacity and experience of registered developers involved in such proposals. The decision of the C.E.O. shall be final and binding upon the parties. And after the scheme is accepted, the C.E.O. will order Competent Authority to prepare eligibility list of slum dwellers in Annexure II.

4. In case the Registered Developer have consent of 51% slum dwellers, but does not hold right to develop the land; C.E.O., S.R.A. shall give him preference and the land owner shall be entitled to compensation payable under the provisions of Slum Act or the said Regulations. In case of dissent of the land owner for this valuation, C.E.O., S.R.A. may forward the land acquisition proposal to the State Government on behalf of the applicant developer and the Hutment Dwellers‘ Co-operative Housing Society. Simultaneously, the C.E.O. will order Competent Authority to prepare eligibility list of slum dwellers in Annexure II.

5. In case two or more registered developers submit a scheme on same land; then such proposals will be scrutinized chronologically on the basis of the land development rights acquired by the developer and the consent of hutment dwellers.

6. The developer shall before acceptance of his scheme/s by C.E.O., S.R.A., open and maintain a separate account for each scheme and such account shall only be exclusively used for all receipts and expenditure of the scheme.

(D) (C.E.O., S.R.A.) In case the C.E.O., S.R.A. is of the opinion that a slum on private land is required to be developed in the larger public interest, out of concern for public health and safety of the slum and nearby areas, C.E.O., S.R.A. may invite land owner or hutment dwellers to come forward with the scheme for redeveloping the slum through a developer registered with S.R.A., by issuing a public notice of not less than 30 days. In case, land owner or hutment dweller's Co-operative Housing Society does not come forward with response to the notice so issued, the C.E.O., S.R.A. may, by order, determine to redevelop such land by entrusting it to any agency or registered developer through competitive bid process. In such an eventuality, the Land owner shall be entitled to compensation as contemplated by section 17 of the Maharashtra Slum (Improvement, Clearance and Redevelopment) Act, 1971 or as per the said Regulations. However, before passing any such order, the C.E.O., S.R.A. shall give an opportunity of being heard to the concerned land owner. Nothing in these provisions shall restrain the C.E.O. from issuing of orders for preparation of the eligibility list (Annexure II) in relation to any Slum declared u/s 4 of the Slum Act or Slum Rehabilitation Area declared u/s 3-C of the said Act, wherein a proposal is submitted or not. Thus the fixing of eligibility (Annexure II) will be independent of any scheme submitted.

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