14.6.8 Parameters of development of slum rehabilitaion area

1. Eligibility for rehabilitation scheme

a. A person eligible for redevelopment scheme shall mean a Protected Occupier as defined in chapter 1-B of the Slum Act and Non-Protected Occupier, as mentioned in clause (f) of sub-section (5) of Section 3-B of the said Act.

b. Subject to the foregoing provisions, only the actual occupants of the hutment shall be held eligible and the so called structure-owner other than the actual occupant if any, even if his name is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against that structure.

2. Joint ownership with spouse The reconstructed tenement provided to protected occupier shall be of the ownership of the hutment dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the records of the co-operative housing society, including the share certificates or all other relevant documents.

3. Right of the Hutment Dwellers

a. Hutment-dwellers, in the slum or on the pavement, eligible in accordance with the provisions herein shall in exchange of their protected dwelling structure, be given free of cost a residential tenement having a carpet area of 27.88 Sq.m. (300 Sq.ft.) including balcony, bath and water closet but excluding common areas. For this purpose ‗Carpet area‘ means the net usable floor area within a tenement excluding the covered by the walls or any other areas specifically exempted from FSI computation as per the said Regulations.

b. Even those protected dwelling structures having existing residential areas more than 27.88 Sq.m. (300 Sq.ft.) will be eligible only for 27.88 Sq.m. (300 Sq.ft.) of carpet area in the rehabilitation component.

c. All eligible hutment dwellers taking part in the S.R.S. shall have to be rehabilitated in accordance with the provisions of the Scheme. It may be in situ and in the same plot as far as possible.

d. Pavement dwellers and hutment dwellers in the slum on land required for vital public purpose or such location which are otherwise unsuitable for human habitation or where there is any restriction shall not be rehabilitated in-situ but in other available location and in accordance with the Scheme.

e. Competent Authority, on the basis of verification of prescribed documents, shall decide eligibility of slum dwellers. The slum dweller held eligible on 1st January 2000 shall be Protected Occupier. However the slum dweller held eligible on 1st January 2011 shall be

(1) Non-Protected Occupier, but shall be rehabilitated on payment of the cost of the tenement as prescribed by the C.E.O. as per government resolutions issued from time to time.

f. The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall be established in accordance with Chapter-1-B of the Slum Act.

g. Restriction on Transfer of Tenements :

As provided by the Slum Act, the tenement obtained under this scheme cannot be sold / leased / assigned or transferred (except to legal heir) in any manner for a period of ten years from the date of allotment / possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by S.R.A. Transfer of the rehabilitation tenement may be permitted by C.E.O., S.R.A. after completion of ten years from the date of occupation by charging a premium equal to 25% of the prevailing market value of the tenement as given in the ASR for the respective year, during which transfer application is processed.

h. An individual agreement shall be entered into by the owner / developer / co-operative housing society with the hutment-dwellers in the slum / pavement.

i. An individual agreement entered into between hutment-dweller and the owner / developer / co-operative society / N.G.O. shall be in the joint names of pramukh hutment dweller and spouse for every protected dwelling structure and non-protected dwelling structure up to 1st January 2011.

j. Recovery of pending dues such as assessment, compensation, occupational charges, non- agricultural tax / dues etc. pending with public authorities such as State Govt. and / or concerned Municipal Corporation shall be dealt with separately and not be linked to grant of approval or building permission to the Slum Rehabilitation Projects.

4. Duties of the Hutment Dwellers :

a. The hutment dweller shall be responsible to pay the electricity and other government charges regularly, and maintain his rehab unit and do necessary minor repairs as and when so required at his own cost. However, for carrying out any major changes in the structure of the building in whatsoever nature, the permission of the C.E.O., S.R.A. in writing shall be required.

b. The eligible hutment dwellers shall form their cooperative society as soon as possible and in any case not later than within three months of handing over of rehab units‘ possession to them.

c. The hutment dweller shall pay monthly contribution to his co-operative society @ Rs. 500 per month or the amount as decided by his cooperative society whichever is more for common monthly charges against the common electricity and water usage, operation and maintenance of common amenities like lift, generator, S.T.P. plant etc.

d. The slum dweller is duty bound to keep the premises of his rehab unit including common areas and surroundings of the rehab buildings clean, hygienic and untidy.

e. The slum dweller shall not keep or carry any hazardous material in the rehab unit which may cause injury or endanger to life and safety of other residents of the premises.