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[19. Proceedings for eviction of tenants not to be taken without permission of the competent
authority.―(1) Notwithstanding anything contained in any other law for the time being in force, no
person shall, except with the previous permission in writing of the competent authority,―
(a) institute, after the commencement of the Slum Areas (Improvement and Clearance)
Amendment Act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a
tenant from any building or land in a slum area; or
1. Subs. by Act 43 of 1964, s. 9, for “in such proportion as he considers reasonable” (w.e.f. 27-2-1965).
2. Second proviso omitted by s. 9, ibid. (w.e.f. 27-2-1965).
3. Subs. by s. 10, ibid., for section 19 (w.e.f. 27-2-1965).
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(b) where any decree or order is obtained in any suit or proceeding instituted before such
commencement for the eviction of a tenant from any building or land in such area, execute such
decree or order.
(2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an
application in writing to the competent authority in such form and containing such particulars as may be
prescribed.
(3) On receipt of such application, the competent authority, after giving an opportunity to the parties
of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit,
shall by order in writing, either grant or refuse to grant such permission.
(4) In granting or refusing to grant the permission under sub-section (3), the competent authority shall
take into account the following factors, namely:―
(a) whether alternative accommodation within the means of the tenant would be available to him
if he were evicted;
(b) whether the eviction is in the interest of improvement and clearance of the slum areas;
(c) such other factors, if any, as may be prescribed.
(5) Where the competent authority refuses to grant the permission, it shall record a brief statement of
the reasons for such refusal and furnish a copy thereof to the applicant.]
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[20. Appeals.―Any person aggrieved by an order of the competent authority refusing to grant the
permission referred to in sub-section (1) of section 6A or referred to in sub-section (1) of section 19 may,
within such time as may be prescribed, prefer an appeal to the Administrator and the Administrator may,
after hearing the appellant, decide such appeal and his decision shall be final.]
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[20A. Restoration of possession of premises vacated by a tenant.―(1) Where a tenant in
occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that
it was required for the purpose of executing any work of improvement or for the purpose of re-election of
the building, the tenant may, within such time as may be prescribed, file a declaration with the competent
authority that he desires to be replaced in occupation of the building after the completion of the work of
improvement or re-erection of the building, as the case may be.
(2) On receipt of such declaration, the competent authority, shall by order require the owner of the
building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or
re-erection of the building and estimates of the cost thereof and such other particulars as may be
necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having
regard to the provisions of sub-section (3) of section 20B and after holding such inquiry as it may think
fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in
occupation of the building in pursuance of the declaration made by him under sub-section (1).
(3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed
manner to the tenant and the owner.
(4) If the tenant after the receipt of such communication intimates in writing to the competent
authority within such time as may be prescribed that when he is replaced in occupation of the building in
pursuance of the declaration made by him under sub-section (1), he would pay to the owner until the rent
is finally determined under section 20B the rent provisionally determined under sub-section (2), the
competent authority shall direct the owner to place the tenant in occupation of the building after the
completion of the work of improvement or re-erection of the building, as the case may be, and the owner
shall be bound to comply with such direction.
20B. Rent of buildings in slum areas.―(1) Where any building in a slum area is let to a tenant after
the execution of any work of improvement or after it has been re-erected, the rent of the building shall be
determined in accordance with the provisions of this section.
1. Subs. by Act 43 of 1964, s. 11, for section 20 (w.e.f. 27-2-1965).
2. Ins. by s. 12, ibid. (w.e.f. 27-2-1965).
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(2) Where any such building is let to a tenant other than a tenant who is placed in possession of the
building in pursuance of a direction issued under sub-section (4) of section 20A, the tenant shall be liable
to pay to the owner―
(a) if there is a general law relating to the control of rents in force in the area in which the
building is situated and applicable to that building, the rent determined in accordance with the
provisions of that law;
(b) if there is no such law in force in such area, such rent as may be agreed upon between the
owner and the tenant.
(3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4)
of section 20A, the tenant shall, notwithstanding any law relating to the control of rents in force in the
area be liable to pay to the owner―
(a) if any work of improvement has been executed in relation to the building, an annual rent of a
sum equivalent to the aggregate of the following amounts, namely:―
(i) the annual rent the tenant was paying immediately before he vacated the building for the
purpose of execution of the work of improvement;
(ii) six per cent. of the cost of the work of improvement; and
(iii) six per cent. of a sum equivalent to the compensation payable in respect of any land
which may have been acquired for the purpose of effecting such improvement as if such land
were acquired under section 12 on the date of the commencement of the work of improvement;
(b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent. of the
aggregate cost of reconstruction of the building and the cost of the land on which the building is
re-erected.
Explanation.―For the purposes of this clause, the cost of the land shall be deemed to be a sum
equivalent to the compensation payable in respect of the land if it were acquired under section 12 on
the date of commencement of the reconstruction of the building.
(4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an
application made by the tenant or the owner, be determined by the authority referred to in sub-section (5):
Provided that an application for determination of such rent by the owner or the tenant shall not,
except for sufficient cause, be entertained by such authority after the expiry of ninety days from the
completion of the work of improvement or re-erection of the building, as the case may be.
(5) The authority to which the application referred to in sub-section (4) shall be made, shall be―
(a) where there is a general law relating to the control of rents in force in the area in which the
building is situate, the authority to whom applications may be made for fixing of rents of buildings
situate in that area; and for the purpose of determining the rent under this section that authority may
exercise all or any of the powers it has under the said general law; and the provisions of such law
including provisions relating to appeals shall apply accordingly;
(b) if there is no such law in force in that area, such authority as may be specified by rules made
in this behalf by the Central Government and such rules may provide the procedure that will be
followed by that authority in determining the rent and also for appeals against the decision of such
authority.
(6) Where the rent is finally determined under this section, then the amount of rent paid by the tenant
shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in
excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the
case may be.]
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21. Chapter not to apply to eviction of tenants from certain buildings.―Nothing in this Chapter
shall apply to or in relation to the 1
[eviction under any law] of a tenant from any building in a slum area
belonging to the Government, 2
[the Delhi Development Authority] or any local authority.