Frequently asked questions
What is the process of declaration of slums?
What services are required to be provided to the slums upon declaration?
How long does the declaration procedure take?
How can the residents of a slum validate their presence in an area?
If it is not mandatory for the KSCB to provide housing, can the residents of a slum build their own houses, after declaration?
What if the slum is on private land?
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What is the process of declaration of slums?
The Karnataka Slum Areas (improvement and clearance) Act 1973 lays down the procedure for declaration of a slum. Slums that have documented evidence that they have resided in a particular slum for a certain period can make an application to the Karnataka Slum Clearance Board (KSCB) for declaration. The application can be given by either the residents of the slum or any other organisation working for the well being of the slum.
After receipt of application, the Commissioner of the KSCB, or any other person authorised by him, inspects the site of the slum. After inspection, a decision is taken in the Board Meeting, and a proposal for the declaration of the slum to the Deputy Commissioner and District Magistrate (Urban) in the State Government is made.
The Deputy Commissioner and District Magistrate (Urban) or the Special Deputy Commissioner (Revenue) has to examine the proposal of that slum to be declared before issuing a preliminary notification under Section 3 of the Act, calling for the objections of the persons interested. If the KSCB receives any objections within 15 days from the date of publication of the notification, it will send the same to the Deputy Commissioner concerned to enquire the objections and then issue notification under section 3(1) of the Act declaring it as a slum area.
It is to be noted that the act is undergoing significant amendments and will be coming into force in the near future. It contains many changes from the original act, including giving tenure ship to the residents of a slum thus making it more pro-poor.
It is to be noted that, once declared, the slum dwellers need not necessarily get the same land on which they have been residing. The allocation of the land can be in a different location, depending on availability of land and other jurisdictional issues. This in turn presents a number of difficulties for the slum residents such as loss of existing jobs, lack of schools etc.
What services are required to be provided to the slums upon declaration?
The KSCB is required to provide all basic services like water, sanitation, electricity, drainage, roads, pavements, community hall etc. to the slums so that they will no longer fit the definition of a slum as laid down in the Karnataka Slum Areas (improvement and clearance) Act 1973.
How long does the declaration procedure take?
There is no specified period within which a slum can obtain a legal status. It is a long process and may take years before a slum can be declared under Section 3 of the Karnataka Slum Areas (improvement and clearance) Act 1973.
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How can the residents of a slum validate their presence in an area?
Documentary evidence like Voter I.D. cards, ration card, LIC bonds, post cards received by the slum dwellers, school admission documents, receipts or any document is acceptable.
If it is not mandatory for the KSCB to provide housing, can the residents of a slum build their own houses, after declaration?
When a slum is declared, the land will be acquired by the KSCB through government notification under section 17 of the Act. The KSCB has schemes like the Ashraya Yojana, National Slum Development Programme and Valmiki Ambedkar Malin Basti Aavas Yajana (VAM BAY). Under the VAMBAY scheme, the KSCB builds houses for slum dwellers in Karnataka every year provided that they receive grants from the Central and State Government. In order to own one of these houses, the slum dwellers will have to make a down payment of Rs 5,100 and pay a certain sum incurred for such a house, depending on the scheme, in monthly instalments for a period to the KSCB. Once this payment is fully made, they are the owners of their house.
The Residents also have the option of building houses at their own cost This can be done only if they obtain a No Objection Certificate (NOC) from the KSCB as required under section 5 of the Act.
What if the slum is on private land?
The owner of such private property has the following options:
1. He can go to the High Court and can prevent his property from being acquired by the Slum Clearance Board (SCB). However, he will have to do so before the KSCB acquires the land
under section 17 of the Karnataka Slum Areas (improvement and clearance) Act 1973.
2. He can negotiate a settlement with the residents of the slum
3. He can claim compensation in the manner mentioned before.
Slums may be relocated only with the consensus of the residents of the slum and only if the land is going to be used for public purposes and is in the interest of the public at large. E.g. If a major water supply line is to pass through the slum necessitating relocation. Also, an alternative place will have to be identified and all the interested parties/agencies will have to come to a common consensus.