14.6.13 CLEARANCE ORDER After an order declaring any Slum area as Slum Rehabilitation

Area under section 3-C of the Slum Act and after sanction to S.R.S. as per the provision above, the C.E.O. shall proceed to issue Slum Clearance order in following manner –

1. The Slum Clearance Order may be passed for total area or in parts as per the provisions contained in sub section (1) of section 12 of the Slum Act.

2. All the slum dwellers in the area under notification shall be given a period of 30 days from the date of such order to vacate the structures. The Protected and Non Protected occupiers shall be

provided transit accommodations or entitled compensation in lieu of transit accommodation by the developer. The other ineligible dwellers shall make their own arrangements, even if their claims for eligibility are pending in appeal for decision.

3. In case there is any public structure like common toilets, community hall etc. provided by the Municipal Corporation concerned, it shall be vacated and demolished by the concerned authority within the period provided in the clearance order. The C.E.O., S.R.A. shall vacate and demolish the same, in case the concerned authority fails to vacate and demolish the said structure within stipulated time period.

4. The structures which have been vacated shall be demolished by the developer implementing the scheme, within 50 days of the Slum Clearance Order. The period of 50 days if required can be extended up to 60 days by an order of C.E.O., S.R.A.

5. The hutment dwellers who have not vacated their structures or who are not willing to vacate their structures shall be forcefully evicted.

6. However before such an eviction is done, the slum dweller residing in such structure shall be given notice u/s 33-A read with sub section (8) of section 12 and an opportunity of being heard by the C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A.

(1)

7. The C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A. after such hearing pass such order and proceed to forcefully vacate and demolish the structure as per the Clearance Order.

8. The Clearance Order of C.E.O., S.R.A. or order u/s 33-A read with sub section (8) of section 12 shall be final subject to any order in appeal preferred before the Apex Grievance Redressal Committee.

9. Nothing in the forgoing provisions shall restrain the C.E.O. or the Competent Authority authorized by the C.E.O., S.R.A. from initiating action u/s 3-Z in relation to any Protected or Non-Protected Occupier or ineligible occupiers and pass suitable order making him liable for eviction without being relocated and rehabilitated.

10. In respect of those eligible hutment-dwellers who are not willing to join the S.R.S., the following steps shall be taken :-

(A) Provision for all of them shall be made in the rehabilitation component of the Scheme.

(B) The details of the actual tenements to be allotted by lottery system and the transit tenements to be allotted or the compensation in lieu of transit accommodation to such unwilling hutment dwellers shall be communicated to them by the Developer, in writing, so as to show the benefit on the same basis as for those who have joined the scheme to gain their willing participation in the scheme. However, in case of any dispute regarding the same, decision of the C.E.O., S.R.A. shall be final and binding on all the parties concerned. The Developer shall ensure that no obstruction is caused to the Scheme of the majority of hutment-dwellers who have participated willingly.

(C) The unwilling eligible hutment dwellers shall not be held entitled either for allotment of transit tenement or the allotment of rehabilitation tenements by draw of lots. They shall only be entitled for what is available after others have exercised their choices through lottery, which may be or may not be on the same site.

(D) If such unwilling hutment dwellers do not join the scheme till the building permission to the S.R.S. is given, they shall lose their right to any built-up tenement for rehabilitation, permanently and their tenements shall be taken over by the C.E.O., S.R.A. in possession of S.R.A. and shall use the same for the purpose of accommodating pavement-dwellers and other hutment dwellers who cannot be accommodated in-situ etc. on other sites.

(E) If the built-up tenement is not occupied and transit camp is not vacated within 30 days from the drawl of lottery, then the eligible hutment dweller shall lose his right to rehabilitation permanently. No appeal in this regard or shall be entertained by the C.E.O., S.R.A. or the Competent Authority authorized by the C.E.O., S.R.A. After occupation of rehabilitation tenement, if any hutment dweller reconstructs or occupies any new hutment or structure; such unauthorized structure shall immediately be evicted and demolished by the C.E.O., S.R.A. without giving prior notice.