All about the Uttar Pradesh slum areas (improvement and clearance)(amendment) act 1981 After going this one will get the detail knowledge of this act.

1. The Uttar Pradesh Slum Areas
(Improvement and Clearance)(Amendment)
Act- 1981
AR.VIKRAM SINGH
B. ARCH, M. ARCH, AIIA, AIOV
IOV: A-25868
IBBI/RV/02/2019/11563

2. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What is the main objective ofThe U.P. Slum Areas (Improvement and
Clearance) Act, 1962?
The Act provides for the improvement and clearance of slum areas, rehabilitation of their residents and protection
from eviction of tenants of such areas.
What are the provisions in the Act to declare any area as slum area?
The competent authority may declare a slum area when it is satisfied that:
Majority of buildings in that area are by reasons of dilapidation, overcrowding, faulty arrangement of streets,
lack of ventilation, light or sanitation facilities or any combination of these factors, detrimental to safety,
health or moral of the inhabitants in that area, are unfit for human habitation.
The Competent Authority’s can be based upon information received or otherwise in its possession.

3. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What are the important factors that are to be considered to declare a building
unfit for human habitation?
If the extent of necessary repairs is more than 50%
Stability
Extent of dampness
Availability of natural light and ventilation
Water Supply
Arrangement of toilet, bath, drainage and sanitation
Facilities for storage, preparation and cooking of food and for the disposal of waste matter or water

4. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
How are improvements brought about in buildings unfit for human
habitation?
The owners of the buildings in slum areas, unfit for human habitations, are served a notice by the Competent Authority
which states the kind of improvements which should be brought about by owners of building and land to make the
building or the land fit for human habitation.
Is there any specified time in which the improvements have to be carried out?
Yes, the improvements have to be carried out within 45 days of the receipt of the notice.
What other information are included in the notice being served to the
owners?
The notice to the owners also states the work to be done to render the building or land fit for human habitation.

5. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What is a reasonable expense, which should be made by an owner, to render a
building fit for human habitation?
Two factors are taken in consideration to determine whether a building can be rendered fit for human habitation at
reasonable expense: the estimated cost of work, and the estimated value of the building or land after the works
have been completed or improvements have been effected.
Reasonable expense is not more than half of the value of the building after improvement.
What happens when an owner does not comply with the notice of the
Competent Authority?
If the owner does not comply with the notice of the Competent Authority, the Competent Authority may get
the work done through an authorized agency and recover the expenses incurred from the owner, together
with the interest at the prescribed rate.

6. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What happens when the owner of the building is different than the owner of
the land on which the building stands?
In such cases the expenses incurred by the competent authority are recovered from both these persons according
to their value or other facts.
.
What kind of expenses is recoverable from the occupiers?
The expenses on maintenance work are recoverable from the occupier of the building ads arrears or land
revenue.
Are there any prohibitions regarding constructions, extensions and alteration
of buildings in a slum area?
No person is allowed to construct new building or make any extensions or alteration in any existing building
on any land in a slum area without prior permission of the Competent Authority.

7. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
It is often seen that the Competent Authority pays no heed to the applications
of constructions, extensions and alterations of buildings in a slum area.
What is the provision in the Act regarding this?
An applicant under the Act must get his application for constructions, extensions and alteration of buildings in a
slum area addressed routinely within 90 days of making the application If the applicant has not got the permission
within the limit so set, the applicant may call the attention of the Authority in writing but if still the neglect
continues for 30 more days, the Competent Authority shall deemed to have granted permission for constructions,
extensions and alteration of buildings in a slum area.
What is the penalty imposed if the applicants take no such permission?
The Authority can serve upon the owner a show cause and later an order directing him to demolish such
building within the time specified in the order, which is not less than one month

8. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
Has the aggrieved party has the right to appeal?
Yes, any person, aggrieved by an order, may prefer an appeal to the State Government within one month.The
appeal can also be for non-grant of the permission.The decision of the State Government in such cases is final.
What happens if the applicant who has been served with an order of
demolition does not comply with the order?
If the owner of the building fails to comply with order of demolition, the Competent Authority may demolish
such building or extension and the cost of demolition may be recovered from the owner as arrears of land
revenue.

9. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What are the powers of the Competent Authority to order demolition of
buildings unfit for human habitation?
When the Competent Authority is satisfied that any building within a slum area is unfit for human habitation and is
not capable of being rendered fit by reasonable expense, it shall serve upon the owner of the building and upon
every person having interest in the building such as lessee, mortgagee or otherwise, a notice to show cause as to
why an order of demolition of the building be not made.
If the person upon whom the notice is served, fails within the period specified in the notice to satisfy the
Competent Authority that an order of demolition is not just and proper, the Competent Authority shall pass an
order of demolition as it deems fit.
No order of demolition of any building is passed by the Competent Authority, if the said person gives an
undertaking that he shall within the period specified in the notice shall do the required work to make the building
fit for human habitation and not use the building for human habitation until the Competent Authority is satisfied
that the building has become fit for human habitation.

10. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What procedure does the Competent Authority follow in case where the
demolition order has been made?
When an order of demolition has been made and the building is not vacated or demolished within the specified
time, the Competent Authority or any person authorized by it may get the premises vacated or demolished.The
competent Authority may, for these purposes, use such force as may be necessary.
Furthermore, when the Competent Authority demolishes the building, the Competent Authority may sell by public
auction the materials of the building so demolished and make up the cost of demolition from the proceeds of the
sale.
Who pays for the cost of demolition when the owner of the building desires
to remove the scrap of the demolished building?
If the owner of the building desires to remove the materials of the demolished building, he is allowed to remove
the materials after payment to the Competent Authority, within the period fixed for it the entire expenses incurred
in the demolition of the building.

11. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
When a slum area is declared a Clearance area?
A slum area is declared as a clearance area when the Competent Authority is satisfied that majority of buildings in
that area cannot be rendered fit for human habitation without the demolition of buildings in that area.
A slum area has to be declared as a Clearance area through notification in the Official Gazette.
Is there a necessity to issue a show-cause notice prior to the declaration of
any slum area as clearance area?
Yes, before any area is declared as a Clearance area, the Competent Authority must serve a show-cause notice
upon every person owning or occupying any building in that area and call upon him to show cause as to why the
area not be declared as Clearance area.
The affected party has to file his return within the period specified in the show-cause notice that in no case can be
less than 30 days.
Similar to the order to declare an area as a ClearanceArea, a show cause notice is also to be published in the
Official Gazette.

12. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
How are the objections received to the show cause notice disposed?
The Competent Authority can dispose of an objection in response to a show-cause notice after giving the aggrieved
party enough opportunity to be heard.
What are the documents to be sent along with the order of clearance to the
State Government?
The Competent Authority along with the order of clearance the following to the State Government:
A statement showing
•The number of persons occupying the buildings in the area proposed to be notified as Clearance area.
•The names of the owners of the buildings together with necessary particulars of the buildings in the area which
are to be demolished
•The buildings and the land, which need to be acquired for redevelopment of the area.

13. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
How does the order of the Competent Authority become operative?
The State Government, after receiving the order of clearance from the Competent Authority may either confirm or
suggest variations or may reject the order.
If the State Government confirms the order, the order is published in the Official Gazette and becomes operative
from the date of its publication in the official Gazette.
What is a slum clearance order?
After a slum area has been declared to be a clearance area and the order has become operative, the Competent
Authority makes a slum clearance order in respect of that area., ordering vacation of all such buildings which have
to be demolished and directs the owners of the buildings to demolish their buildings within six weeks or period
specified by the Competent Authority.

14. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
Can the competent Authority get a building vacated?
Yes, when the occupier of the building fails to vacate the building within the specified period, the Competent
Authority can get the building vacated and may use force if necessary.
The Competent Authority can also demolish a building, which has not been demolished, and sell the materials
thereof by public auction.
The Competent authority is also to arrange for the temporary accommodation of the occupier in case of demolition
as prescribed.
What is the procedure to be followed in case a person wants to build a
building in the slum clearance area?
A person can construct a building in a slum clearance area, in accordance with the approved plan of the area, only
with the permission in writing of the Competent Authority.
This provision also applies to any repair or alteration work to be undertaken in a slum clearance area.
The provision of necessity to take written permission becomes operative from the date a slum clearance order
becomes operative.

15. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
Is there any time limit for the competent Authority to grant permission for
repair, alteration or new construction to be undertaken after a person has
sought permission to do the same?
Yes, a Competent Authority must dispose the application for any repair, alteration or new construction to be
undertaken in a slum area in thirty days from the date of receipt of the application. If no reply is received from the
Competent Authority for another 15 days, the developer can make a further application for redevelopment work to
be undertaken subject to its being in accordance with building byelaws.
How does the Competent Authority take up redevelopment work in the
Clearance area?
If, in accordance with the slum clearance order, the land is cleared of buildings, within a period of thirty days from
the demolition of buildings the competent Authority can decide to redevelop the land in that area.
The Competent Authority must develop the land within a period of 2 years from the decision of its development.
In case the Competent Authority fails to complete the development work in 2 years, it is mandatory on the part of
the Competent Authority to report to the State Government the reasons for its failure.
The State Government may then order the redevelopment of the land and specify the time frame for its
implementation.

16. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
What are the powers of the State Government to acquire land?
When the Competent authority is satisfied that acquisition of any land or building or both in a slum area or in a clearance
areas necessary for the purpose of executing any work of improvement, it may, by notification in the official Gazette
declare its intentions to acquire the land or the building or both.
In addition, the State Government shall:
•Publish in two daily papers in circulation in the locality, of which al least one is in regional language
•Cause to be affixed at convenient places in the locality
•Send by registered post or otherwise, to all owners of, and others interested in the land or building, whose names and
addresses are known to, or can reasonably be ascertained by, the Competent authority
A notice to show cause why the land or building referred to in the notice may not be acquired for the purpose of this Act.
Any objection filed in response to the notice be disposed of by the Competent Authority in such manner as may be
prescribed after giving reasonable hearing.
The Competent Authority shall then submit its recommendation as to the land and buildings proposed to be acquired
under thisAct, to the State government for decision thereon.

17. The Uttar Pradesh Slum Areas (Improvement and
Clearance)(Amendment) Act- 1981
In case a land or the building is to be acquired under this act, what is the
amount of compensation to be paid?
The amount payable as compensation in respect of any land or building under this Act shall be an amount equal to
one hundred times the net monthly income actually derived from such land or building during the period of five
consecutive years preceding the date of publication of the notice.