Court : Supreme Court of India
Reported in : AIR1967SC600; [1967]2SCR138
..... he contended that the respondents were not entitled to execute the decree without obtaining a fresh permission from the competent authority under the new section 19 inserted by the slum areas (improvement and clearance) amendment act, 1964. ..... 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 (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 ..... in the meantime the slum areas (improvement and clearance) amendment act, 1964 (act no. ..... on june 19, 1964, the respondents obtained the permission for the execution of the decree from the competent authority under section 19 of the slum areas (improvement and clearance) act, 1956 (act no. ..... (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. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi841
..... the new section reads as follows :- '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, 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 (b) where any ..... '(5) in the place of this section, a new section 19 was substituted by the slum areas (improvement and clearance) amendment act no. ..... 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. ..... section 19, as it stood prior to its amendment in 1964, was as follows :- 19. ..... 62 of 1964, on may 1, 1964, for the execution of the decree against mst. ..... 43 of 1964, which came into force with effect from february 28, 1965. ..... 43 of 1964. ..... 43 of 1964. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi694
..... 3 competent authority under section 19 of the slum areas (improvement and clearance) act, 1956 as amended in 1964 for permission to evict the tenant from the premises, inter alia, on the ground that the tenant is not living in the premises for over six months prior to the filling of the application and that he ..... (6) under section 19(3) of the slum areas (improvement and clearance) act, 1956 before as well as after the amendment of 1964, the competent authority was bound to give an opportunity to the parties of being heard before it could grant the landlord the permission to evict the tenant. ..... thereforee , under the slum areas (improvement and clearance) rules, 1957, it is stated in rule 7(4) that on receipt of an application under section 19, the competent authority shall cause a notice fixing a date of hearing to be issued to the tenant giving him an opportunity of making his objections to such application. ..... it is significant, however, that rule 7 which is the only rule concerned with the implementation of section 19 of the act does not prescribe any form of notice to be issued to the tenant under rule 7 (4). ..... it is clear, thereforee, that the 'notice' referred to in section 31 of the act is not a notice prescribed by rule 7(4) of the rules. ..... on the contrary, the forms a to f prescribed by rule 3 show that the notices referred to in section 31(1) are those which are issued under section 4,7, 12,27 and 33 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H425
..... the appellant pointed out that section 19, as originally enacted, had been amended by section 10 of the slum areas (improvement and clearance) amendment act, 1964 which came into force in february 1965, that is, after the date of the order (copy annexure 'a') sub-section (4) as originally enacted has now become sub-section (5) and the original sub-section (4) has been substituted as follows: --'(4) in granting or refusing to grant the permission under sub-section (3) ..... that order was passed under section 19 of the slum areas (improvement and clearance) act, 1956 (act no 96 of 1956 -- herein after to be referred to as the act) on the application of the management of the tibbia college ..... 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 ..... to health or safety, permit accommodation, the policy of the enactment would seen to suggest that the slum dweller should not be evicted unless alternative accommodation could be obtained for him.in view of the foregoing we consider that there is enough guidance to the competent authority in the use of his discretion under section 19(1) of the act and we, therefore, reject the contention that section 19 is obnoxious to the equal protection of laws guaranteed by article 14 of the constitution.'5 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC789; (1977)2SCC88; [1977]2SCR522
..... 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(b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a ten ant from any building or land ..... since the suit property is situated in a slum area, the respondent filed an application under section 19(2) of the slum areas (improvement and clearance) act, 96 of 1956, for permission of the competent authority to . ..... the definition of 'tenant' as contained in the delhi rent control act should be extended to the slum clearance act, but the court observed expressly that : 'no question as to what the rights of a tenant against whom a decree in ejectment has been passed in view of section 19 of the slum areas act are, arises in this appeal', and that the court was not concerned in the appeal before it 'with any question as to the protection given by the slum areas act to tenants'. the question before us is not whether a person .....
Tag this Judgment!Court : Delhi
Reported in : 2003IVAD(Delhi)632; 105(2003)DLT422; 2003(69)DRJ544
..... 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 (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 ..... (b) whether suit for mesne profits is maintainable in respect of a tenant whose tenancy is governed by the provision of section 19 of the slum areas (improvement and clearance act, 1956) pursuant to notice under section 106 of transfer of property act determining the tenancy ?2. ..... these propositions have arisen from the following preliminary issue set for determination:'whether the suit is maintainable in its present form in view of provisions of section 19 of the slum areas(improvement and clearance act, 1956?' 3. ..... admittedly, the premises are situated in slum area as defined in slum area (improvement and clearance) act, 1956 and as such the plaintiffs cannot institute the suit for possession without previous permission in writing of the competent authority appointed under the act as contemplated under section 19 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi857
..... (3) the landlord then applied to the competent authority, on february 5, 1966, under section 19 of the slum areas (improvement and clearance) act 1956, as amended by act 43 of 1964, praying for permission to execute the order of eviction against the tenant. ..... in civil writ petition no 97 of 1968, pronounced on april 1, 1969, dismissing the said writ petition and confirming an order, dated december 5, 1967, passed by the competent authority, slum areas (improvement and clearance) (hereinafter referred to as the 'slum areas act'), and whereby permission was granted to the landlord. dr. r.v. ..... held that a finding under section 14(1)(g) of the delhi rent control act, 1958, that a premises is unfit for human habitation and has to be demolished for reconstruction, acts as rest judicata in a subsequent proceeding before the competent authority acting under section 19(4)(b) of the slum areas act, and precludes the competent authority from again enquiring into the same question whether the premises was unfit for human habitation and had to be demolished in the interest of improvement and clearance of slum areas. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... section 19 of the slum areas (improvement and clearance) act, 1956 (as amended by act 43 of 1964) provided that proceedings for eviction of tenants could not be taken without permission of the competent authority 'notwithstanding anything contained in any other law for the time being in force'. ..... in paragraph 30 of the decision, it was inter alia observed;furthermore, section 30, after amendment by the amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. ..... the court held that the right to immediate possession conferred by section 14a of the delhi rent act was not controlled by the slum clearance act and the right could be enforced in the manner provided in section 25b without obtaining prior permission of the competent authority under the slum clearance act.52. ..... section 14a and chapter iiia having been enacted with effect from december 1, 1975 are later enactments in reference to section 19 of the slum clearance act which, in its present form, was placed on the statute book with effect from february 28, 1965 and in reference to section 39 of the same act, which came into force in 1956 when the act itself was passed. ..... the legislature gave overriding effect to section 14a and chapter iiia with the knowledge that sections 19 and 39 of the slum clearance act contained non obstante clauses of equal efficacy. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi262
..... tenancy by a notice to quit and then by an eviction decree against him, he left no estate or interest in the property, which could pass on to his sons and daughters, as the legal representatives, could not pled section 47 of the code of civil procedure and section 19 of the slum areas (improvement and clearance) act, 1956, as amended by act 43 of the 1964, herein called `the act' as bars to the suit against them for possession filed by the respondent-owner, involving their eviction. ..... be taken out against the tenant without the permission of the competent authority, under section 19 of the slum areas act, such permission was duly applied for, but refused on march 5, 1964. ..... were argued before us; but in view of our answer in the affirmative to the question in the first issue about the bar of section 47 of the code of civil procedure, it would not be necessary to deal with the other issues about the bar under section 19 of the slum areas act at length in this judgment.4. ..... of the deceased tenant have derived form him any right or interest in the property in dispute and whether they are liable to be dispossessed or whether they have any independent right; and whether section 19 of the slum areas act operates as a bar to the execution. ..... in the property from the deceased as claimed by them; whether they are liable to be dispossessed as not having derived any such rights or interest; and whether they are entitled to any protection under section 19 of the slum areas act, as claimed by them. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1094; JT1999(2)SC87; 1999(1)SCALE675; (1999)3SCC273; [1999]1SCR940
..... challenge before this court.for appreciating the contentions raised by the appellant, it would be necessary to refer to section 19 of the act which is as under :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(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 ..... in these appeals, only question involved is whether factors laid down in section 19(4) of the slum areas (improvement and clearance) act, 1956 (hereinafter referred to as 'the act') are to be read as cumulatively or alternatively. .....
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