Judgment Search Results Home > Cases Phrase: slum areas improvement and clearance act 1973 section 68 protection of action taken in good faith Page 1 of about 215 results (0.319 seconds)

Lajwanti Vs. Union of India and ors.

Court : Delhi

Reported in : 63(1996)DLT854

..... the writ petition, as a consequence, was dismissed as it had become infructuous on july 4,1989 when the following order was passed : 'mr.jain says that a decision has been taken by the respondents to acquire the property and an order has been passed under section 12(1) of the slum areas (improvement and clearance) act, 1986 on 30th march, 1989. ..... 797/viii, ajmeri gate, delhi u/section 12(1) of the slum areas (improvements & clearance) act, 1956 (hereinafter referred to as 'the act') as vocative of mandatory provisions of sections 6a, 9 and 10 of the said act and of article 300a of the constitution of india. ..... this declaration is published under the provision of section 12(1) of the slum areas (improvements & clearance) act, 1956 for information of all to whom it may concern. ..... 1210 dated 18th march,1976 is satisfied that the land is required for executing works of improvement and clearance in declared slum area and clearance area, it is hereby notified that the land described in the specification below is acquired for the said public purpose. ..... the competent authority appointed under the slum areas (improvement & clearance) act is directed to take order for the acquisition of the said land. ..... the said property is situated in the notified slum area of the walled city of delhi and was covered by slum clearance order issued under section 9 of the act. ..... 2160/86 in this court impugning the above action and the competent authority was directed to decide the show cause at the earliest. .....

Siri Kishan and anr. Vs. Mahabir Sing and ors.

Court : Delhi

Reported in : AIR1972Delhi196

..... acts being pari materia does not appear to have been specifically raised before the full bench which came to the conclusion, that having regard to the object of the slum areas (improvement and clearance) act and despite the above said definition in section 2(1) of the act of 1958 even a tenant against whom a decree for eviction was obtained was entitled to the protection conferred by section 19(4) of the act. ..... for decision in this writ petition is whether a sub-tenant is also included within the meaning of the expression 'tenant' under section 19(4) of the slum areas (improvement and clearance) act 1956 (hereinafter referred to as the act). ..... : air1972delhi34 the question whether a tenant against whom a decree for eviction had been obtained was a tenant within the meaning of section 19 of the slum areas (improvement and clearance) act 1956. ..... ) is that such acts are to be taken together as forming one system and as interpreting and enforcing each other. ..... the act the term tenant was, generally speaking, to be taken to include the original tenant and the subtenant:the plaintiff (lord hylton) in that case had let out his house to mrs, besley, the tenancy being from year to year: on july 19, 1919, she had given a notice to quit on 19th march 1920; before the expiration of the notice she had sublet the house to the defendant (heal) and the ..... hans raj dawar) had taken both the said floors on rent in 1939 from which time, it is stated, the first petitioner (his brother-in-law siri kishan) .....

Mahajot Sahai Vs. Competent Authority Under the Slum Areas (improvemen ...

Court : Delhi

Reported in : AIR1971Delhi57

..... the relevant part of the scheme of the act is as follows: the slum areas (improvement and clearance) act, 1956 was enacted for two main purposes, namely, (1) the improvement and clearance of slum areas and (2) for the protection of tenants in such areas from eviction. ..... buildings in categories 1, and 2 and 3 above are included in a slum area under section 3 but are excluded from the clearance area under section 9(1).the argument of the petitioners is that the words 'slum area' used in s. ..... only support for this argument is the fact that the same words 'slum area' are used to denote both the slum area under section 3 and the clearance area under section 9(1). ..... 110 of 1968 are owners of houses situated in those parts of old delhi which were declared as slum areas on 20th april 1957 by a notification issued under section 3 of the slum areas (improvement and clearance) act, 1956 (hereinafter called the act). ..... incidentally explains why the clearance order was not passed in respect of the surrounding buildings which were in a good condition. ..... 'this is a case in which the wandsworth district board have taken upon themselves to pull down a house, and to saddle the owner with the expenses of demolition, without notice of any sort ..... smith-judicial review of administrative action, second edn. ..... this is a very congested area, not only is the present condition of the building dangerous for the lives of its occupants but also for those living in the surrounding buildings which are in good condition'. .....

Mr.S.Arokiam. Vs. the Chairman

Court : Chennai

..... its behalf in respect of this property, after the commencement of the tamilnadu slum areas (improvement and clearance) act, 1971, would entirely bind the tamilnadu slum clearance board.the tamilnadu slum clearance board has the legal authority to execute and implement the said contracts and agreements, as per the decision taken now and then, by the tamilnadu slum clearance board in lieu of the metropolitan development authority and tamilnadu housing board,it has been agreed for the allocation of this property, subject ..... the government, housing and urban development department, chennai, to make necessary recommendations for amending, the section 12 of the tamil nadu tanks protection and eviction of encroachment act, 2007, if required and to grant exemption from the stay order in effecting transfer of property in respect of the poramboke land with water sources in which the tamil nadu slum clearance board has implemented the scheme and to pass orders ..... letters have been sent, requesting to effect transfer of property in the name of the board, in respect the land, situated in the aforesaid scheme area and continuous action was also stated to have been taken by the board, there was no response and even after collecting the sale consideration for the land, developmental charges from the allottee, sale deeds have not been executed to the beneficiaries of k.k.nagar, ..... government and the board have found that there was good ground and justifiable reasons, to enter into the lands and spent .....

K. Chandru Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Reported in : AIR1986SC204; 1985(2)SCALE31; (1985)3SCC536; [1985]Supp2SCR100; 1986(1)LC98(SC)

..... the state of tamil nadu enacted the tamil nadu slum areas (improvement and clearance) act, 1971 in order to eradicate slums which are likely to become a source of danger to public health or sanitation. ..... the tamil nadu slum areas (improvement and clearance) act, 1971 was passed in order to make provision for the improvement and clearance of slums in the state. ..... the policy of the state government is to improve the living conditions in the slum areas and to provide sanitation, drainage, water supply, school, health care, etc. ..... chapter iv of the act contains for improvement of slum areas. ..... steps are being taken for the purpose of improving the slums and wherever they cannot be improved, alternate accommodation is provided to the slum dwellers, before they are evicted. ..... section 11(a) provides that if the government is satisfied that the most satisfactory method of dealing with the conditions in a slum area is the clearance of such area and demolition of all the buildings therein, it may by a notification declare the area to be a slum clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of the act. ..... the statements in that affidavit may be summed up thus : the rehabilitation of the slum dwellers, which is a colossal task, has not been under taken by any other government on the same scale as is done by the government of tamil nadu. .....

Om Parkash Gupta Vs. Ram Nath Gupta and ors.

Court : Delhi

Reported in : 12(1976)DLT350; 1976RLR613

..... (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 ..... the provision for the protection of the tenants in slum areas is a general provision protecting the tenants in slum areas against all the ..... fact that he was merely allotted such premises by the central government would not be sufficient judicial notice may be taken of the notorious fact that the allottee of government accommodation in delhi is in a greatly privileged position ..... the substantive right to obtain immediate possession from a tenant is given only to those landlords who have been asked to vacate government premises by section 14a, in prescribing the summary procedure in section 25b, the legislature gave the benefit of the said procedure not only to those landlords whose right arose under section 14a but also to those landlords whose cause of action arose under clause (e) of the proviso to section 14(1) of the act. ..... [1958]1scr1211 , the court pointed out at page 1216 that 'the test is to see whether the defense raises a real issue and not a sham one, in the sense that, if the facts alleged by the defendant are established, there would be a good, or even a plausible, defense on those facts ..... devi, civil revision 396 of 1973 decided on 16th july 1976 .....

Parthasarathy and anr. Vs. Kuppammal

Court : Chennai

Reported in : AIR1980Mad246; (1980)2MLJ83

..... one of the defences taken by the petitioners in those execution petitions filed by the respondent decree-holder was that as the area, which is the subject matter of the suit and from which they are sought to be ejected, had already been declared as slum area under a notification issued under section 3 of the tamil nadu slum areas (improvement and clearance) act 1971, (hereinafter referred to as the 'act'), the execution petition cannot be maintained unless permission has been obtained from the slum clearance board as required under s. ..... that the object of the act was only to clear the slum areas and develop the slum areas, and that the protection of occupants from eviction will not come within the scheme of the act.7. ..... 29 being one of the provisions of the act, the act of which, is to give protection to the occupants in slum areas from eviction cannot be overlooked or ignored in finding out the object of the act. ..... vii dealing with protection of occupants in slum areas from, eviction, and in particular referred to s. ..... 5, 11 and 29 of the act did not confer a cause of action in favour of the occupant, that they were merely enabling provisions or powers conferred upon the board for the improve merit and clearance, of the alums and that under those circumstances it was not open to the, petitioner therein to set at naught the valid decree of the civil court which was confirmed by the high court by seeking an illusory protection under the- act. .....

Gauri Shankar Gupta Vs. the Financial Commissioner and anr.

Court : Delhi

Reported in : ILR1975Delhi759; 1975RLR413

..... (1) the question referred to the full bench is whether section 19 of the slum areas (improvement and clearance) act, 1956 (simply called the 'act' hereafter applies to a building which is used for a purpose other than residential. ..... section 19(4)(b) refers to a build ment as well as clearance of the slum areas. ..... (5) section 29 of the act empowers the competent authority to direct any person carrying on any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order. ..... in sub sections (4) and (5) thereof, occupation of build-ings in a slum area by companies is expressly contemplated. ..... secondly, the plant or machinery are exempted from the definition of a 'building' because a building can be asked to be compulsorily improved under chapter iii or demolished under chapter iv of the act, and in either event, the plant or machinery in the building would not be touched by the action taken against the budding. ..... (3) the main ground on which the validity of the orders refusing the permission has been impugned is that section 19 of the act protects from eviction only those tenants who are using the premises occupied by them for residential purposes. ..... it is argued that as section 19 does not apply to premises used for non-residential purposes, the component authority and the financial commissioner had no jurisdiction to extend the protection of section 19 to the tenant respondent no. .....

Voginder Pal Vs. Competent Authority and Etc.

Court : Delhi

Reported in : ILR1970Delhi892

..... decision in both these writ petitions are:- (1) whether a finding under section 14(1)(g) of the delhi rent control act, 1958 (hereinafter called the act of 1958) (corresponding to section 13(1)(g) of the delhi and ajmer rent control act, 1952) that the premises are unfit for human habitation and have to be demolished for reconstruction acts as rest indicate in a subsequent proceeding before the competent authority acting under section 19(4)(b) of the slum areas (improvement and clearance) act, 1956, (hereinafter called the act of 1956) and (2) if so, does this finding preclude the competent authority from ..... the order of the competent granting the permission is challenged mainly on the ground that the competent authority failed to protect the possession of the tenant even after finding that the tenant was nto able to find alternative accommodation within his means, if evicted. ..... (7) the defense is that the competent authority has taken into consideration the relevant factor and found that the eviction of' the tenant was necessary for the improvement and clearance of the slum areas. ..... it is only if the answer is in the negative that the con 'tent authority would proceed to consider whether the tenants would get alternative accommodation within their means on action. .....

Weldon Sales Corporation Vs. Om Prakash and anr.

Court : Delhi

Reported in : 60(1995)DLT226; 1995(35)DRJ140

..... the execution of the decree of eviction 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. ..... took the view that the factors postulated in section 19(4) which can be taken into consideration by the competent authority for the purpose of granting or refusing to grant permission to the landlord for instituting proceedings for eviction or for execution of the decree for eviction against the tenant were in the alternative and thereforee, it was not necessary to consider the financial status of a tenant when it is found that the eviction of the tenant would be conducive to the improvement and clearance of the slum area. ..... the test that a tenant living in a slum area can get an alternative accommodation at that rate does not hold good and is constitutionally unsound. ..... just as protection from eviction is a social concept so is prevention of people from living in hovels. ..... we are, thereforee, of the 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. ..... , lpa 122/69 decided on september 18, 1973. .....