Court : Delhi
Reported in : 44(1991)DLT658
..... 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 ..... counsel for the petitioner it would be proper to notice the relevant provisions of section 19 of the act, which now read as under : section 19: (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 area (improvement and clearance) amendment act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant ..... petitioner has approached this court under article 227 of the constitution of india for quashing of the orders of the financial commissioner and competent authority (slum) dated 29th april, 1974 and 6th february, 1973 respectively, declining to grant permission for the institution of the suit or order for eviction of respondent no. ..... competent authority vide its order dated 6th february, 1973 declined to grant permission to the petitioner under section 19 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1988Delhi203; 34(1988)DLT6
..... petitioners filed objection petition pleading that without obtaining the permission from the competent authority under slum areas (improvement and clearance) act the execution application was not maintainable and moreover it has been held by the high court in the appeal that the execution cannot proceed till necessary permission is taken from the competent authority under the slum areas (improvement and clearance) act and the said judgment operated as rest judicata between the parties. ..... was held in that judgment that for the purposes of the provisions of slum areas (improvement and clearance) act, the person, against whom a valid eviction order had been passed, continues to be covered by the definition of tenant given in the aforesaid act and thus, no civil suit was maintainable for getting possession from such a tenant and the landlord was bound to obtain requisite permission from the competent authority under the said act before executing the eviction decree. ..... the law then stood, the respondents applied for getting permission from the competent authority under the slum areas (improvement and clearance) act, 1956 for executing the eviction decree against moti sarup. ..... first point to be seen is whether the respondents are liable to obtain any permission from the competent authority under the slum areas (improvement and clearance) act before executing their eviction decree. ..... mohd ismail 1973 rcr 516 jagatri lal ..... may also refer to : [1973]1scr850 j. c. ..... ; 1973 rcr 63 nathu khan & ors. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi219; 1973RLR232
..... initially, the permission was granted by the competent authority under section 19(3) of the slum areas (improvement and clearance) act, 1956 (hereinafter called the act) by an order, which was ex parte against the tenant. ..... thereforee, the slum areas (improvement and clearance, rules, 1957 also leave it to the competent authority as to what procedure he would follow in holding the enquiry. ..... the effect of the exercise of the inherent power of review by the competent authority on 5-5-1970 was that the ex parte order granting permission was set aside, the case was reopened and the tenant was given the opportunity to show why the permission should not be granted to the landlord. ..... thereforee, insofar as the impugned order dated 2-12-1970 purported to regard the enquiry under section 19(3) of the act as having become infructuous because of the order dated 19-101970 passed by the rent controller, the impugned order was illegal. ..... thereforee the parties are directed to appear before the competent authority on 5th march, 1973, to argue their respective cases on merits on the strength, of the record only and without any opportunity of adducing any further evidence, 4. ..... the competent authority should not have considered itself to be bound by the said order and should have continued 'to hold its own inquiry independently of it.question no. 3:9. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi36
..... arora, who is the competent authority under the slum areas (improvement and clearance) act, 1956. ..... of civil procedure are inapplicable to the proceedings before it, that the proceedings under section 19 of the slum areas act are of a summary nature and all that is required under the section is to give to the parties an opportunity of being heard, and the nature of the inquiry by it has been left to the discretion of the competent authority depending upon the circumstances of each case, and that the relief asked for by the petitioner for cross-examination of respondent 1 is not, thereforee, ..... thereafter in view of the allegation of desertion, the petitioner wanted to cross-examine respondent 1, and filed an application on january 15, 1973, along with a detailed affidavit before the competent authority controverting the aforesaid allegation and praying that the affidavit may be taken on record and respondent 1 be summoned for the purpose of cross-examination. ..... 1973, to its file and dispose it of afresh in the light of the observations in this judgment and in accordance with law ..... (m) 20 of 1973 is allowed the impugned older of the competent authority dated february 1, 1973, is set aside, and the competent authority is directed to restore the application of the petitioner dated january 15 ..... by his order, dated february 1, 1973 the competent authority dismissed the said application ..... (main) 20 of 1973 has been filed by sardar gurcharan singh under article 227 of the ..... 2q of 1973.10. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi233
..... (1) the tenant is the petitioner win) is aggrieved by the order dated 8-1-1973 of the assistant coininissioncr with the powers of competent authority under the slum areas (improvement and ocarance) act, 1956 (hereinafter called the act;, granting permission to take proceedings to evict him from the business premises, bearing ..... 3, however, urged that if the registers maintained by the tenant as prescribed by the gold (control) act and the rules, which were displayed during the hearing, had been filed he might have been able to draw certain inferences regarding the quantum of business ..... ' (16) the burden of proof that lies under section 101 and that under section 102 of the evidence act is distinguishable : the former has been described as a 'legal' or 'persuasive burden' and the latter as the evidential burden or as the 'burden of adducing evidence' ( ..... a landlord would not be in a position to know the exact extent of the income, barring perhaps in a few cases, since he is the person who comes to the court with the application for permission under section 19 of the act for institution of eviction proceedings against the tenant, he had to allege what, according to his knowledge or information, is the income of the tenant, and adduce such evidence as is possible for him before the competent authority. ..... rlr 110('), referred to the initial onus of proof about means of tenant being on the landlord as per section 101 of the evidence act and the onus shifting on the tenant as per section. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC504; JT2004(10)SC275; (2005)139PLR324; 2004(10)SCALE162; (2005)1SCC9; (2005)1UPLBEC713
..... section 23 provides that nothing in the development act would affect the operation of the punjab new capital (periphery) control act, 1952, and the punjab slum areas (improvement and clearance) act, 1961. ..... court, the main argument that was pressed before us was that the requirement of section 4(2) was mandatory and so long as that mandate had not been complied with, the notification of the declaration under section 4(1) of the act notifying the areas as controlled areas remained inchoate in spite of it being published in the gazette and that any construction made in a so called controlled area could not be objected to, if the construction was prior to the date of publication of the notification in two newspapers ..... this is met by counsel appearing for the state by submitting that on a declaration under section 4(1) of the act being published in the official gazette followed by the issuance of a draft plan in terms of section 5(1) of the development act, the area becomes a controlled area and any construction therein thereafter could only be in terms of the development act and after obtaining prior permission from the director and any change in use of the land should also be only after seeking and obtaining permission from the director. ..... it noticed the fact that in the case on hand the final development plan of the controlled area in question in terms of section 5 of the act was finalized and published in the official gazette on 26.5.1973. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2002Delhi81; 93(2001)DLT777
..... was made under the delhi and ajmer rent control act, 1952 against a tenant but the decree could not be executed because of section 19 of the slum areas (improvement and clearance) act, 1956, it was held that section 50 of the rent act does not bar a civil suit for ejectment of a person who is not a tenant under section 2(1) of the rent act. ..... the one claimed in the plaint rather the point for determination is if an enquiry under order xx rule 12 cps should be directed to be undertaken by the learned trial court for grant of pendente lite and future mesne profits at a rate higher than the one claimed in the plaint in spite of no appeal or cross-objection against that part of decree having been filed by the plaintiff/respondent, by invoking ..... defendant/appellant no.1 was being looked after by her deceased husband during his lifetime, that would by itself not suffice to justify a finding that she was 'financially dependent' on him, in true sense of the term, and, consequently, it is difficult indeed to record a finding of 'financial dependence' in favor of the defendant/appellant no.1 to invoke explanationn ii to section 2(1) to hold that she inherited the right of statutory tenancy of her ..... dismissed on 26th of february, 1973 by the additional rent controller concerned on the ground that after the death of the tenant, the statutory protection enjoyed by him after termination of his tenancy came to an end and as, such protection was personal to him and could not extend to his legal .....
Tag this Judgment!Court : Delhi
Reported in : 60(1995)DLT226; 1995(35)DRJ140
..... land is situate in an area which has been declared to be a slum area under the slum areas (improvement and clearance) act, 1956 (for short the act), the first respondent on january 18,1979 applied before the competent authority slum areas for permission to execute the ..... passed by the civil court against the petitioner in respect of plot bearing no.7199, 7200 and 7201, sadar bazar, delhi and set aside the order of the competent authority dated january 19,1984 whereby it had directed the first respondent to get the plan of the proposed building, which he intended to raise on the disputed land, approved by the civic body for the purpose of getting permission under section 19 slum areas (improvement and clearance) act, 1956. ..... had raised unauthorised construction over it subsequent to its occupation by the appellant, that the land falls in slum clearance area, that the appellant had the financial capacity to arrange alternative accommodation though with some difficulty, that the eviction of the appellant will be in the interest of improvement and clearance of slum area as provided under section 19(4)(b) of the affects and that the respondent had not placed any evidence on record to show that he proposes to construct the ..... with the legislative guidelines contained in the preamble and chapters ii, iii and iv of the act. ..... opinion that the law enunciated in abrol's case and in mahabir pershad's case (lpa no.122 of 1969, d.00 18.9.1973) (delhi) (supra) is the correct law. ..... 18, 1973. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1976KAR972; 1976(1)KarLJ417
..... in this petition under article 226 of the constitution, the petitioner has challenged the notification issued under section 3(1) of the karnataka slum areas (improvements and clearance) act, 1973 (slum act) whereby certain land belonging to him had been notified as a slum area.2. ..... bhat, : [1975]2scr407 , which was a case arising under the mysore slum areas (improvements and clearance) act, 1958, wherein also a similar notification had been issued under section 3 thereof, the provisions of which are in pari materia with the provisions of the act concerned herewith. ..... in the case relied on behalf of the petitioner, the supreme court was concerned with the constitutional validity of certain provisions of the mysore slum areas (improvements and clearance) act, 1958. ..... the nature of the hearing would, of course, vary according to the nature of the function and what its just and fair exercise require in the context of rights affected'.again at page 601'there can be no two opinions about the need to hear the affected persons before declaring an area to be a slum area under section 3, or an area as a clearance area under section 9 or before taking action under section 10. ..... the petitioner has alleged that before the issuance of the impugned notification under section 3 of the slum act, he had not been served with any notice calling upon him to show cause why the land in question should not be declared as a slum area for the purpose of that act. .....
Tag this Judgment!Court : Delhi
Reported in : 12(1976)DLT350; 1976RLR613
..... the transfer of property act and the principles underlying it as also the slum areas (improvement and clearance) act were enacted to give effect to certain general purposes, the former to give a due notice to the tenant so that he may find alternative accommodation before he is evicted and the latter to prevent a resident of a slum area from creating further slum on eviction if he does not possess means to find alternative accommodation. ..... the provisions of the contract of tenancy between the parties or of section 106 of the transfer of property act requiring termination of the tenancy as also the provisions of section 19 of the slum areas (improvement and clearance) act requiring the permission of the competent authority before the landlord can file a petition for .eviction of the tenant are. ..... (13) two more riddles in statutory construction have to be resolved : (1)both section 19 of the slum areas (improvement and clearance) act, 1956 and section 14a of the delhi rent control act, 1958 contain non obstinate clauses declaring that these respective provisions will prevail over any other law 'for the time being in force'. ..... on the contrary, section 14a(1) is an exceptional provision which is in supersession and not in supplementation of the transfer of property act and the slum areas (improvement and clearance) act as recognised in para 7 of the decision in rattan lal v. ..... chameli devi, civil revision 396 of 1973 decided on 16th july 1976(12). ..... raj kamal radio electronic, 1973 d.l.t. .....
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