KRISHNA DEVI NIGAM Vs. SHYAM BABU GUPTA

JUDGEMENT

(1.) Does the Slum Areas (Improvement and Clearance) Act 1956 (Hereinafter to be called the Slum Areas Act) continue to apply to an application brought under clause (e) of proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act (hereinafter to be called the Rent Act) after the amendmedts made in the Rent Act incorporating amongst others Chapter IIIA by means of Act 18i of 1976 is the question that has been referred to a larger bench for decision, because of the different views expressed by the learned single Judges of this court.

(2.) Clauses (a) to (e) of Proviso to sub section (1) of Section 14 of the Rent Act provide grounds on which an application for recovery of possession of any premises can be made by the landlord. Clause (e) permits an application for recovery of possession to be made on the ground that the premises are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependant on him. Prior to the commencement of the Rent Act, Slum Areas Act had been enacted and came into force in the Union Lerritory of Delhi w.ef. 8-2-1957. Originally Section 19 (1) of the Slum Areas Act barred execution of a decree passed against tenants unless permissions were obtained from the Competent Authoty. Section 19 was later amended by act 48 of 1964 w.e.f. 28-2-1965 and provided that 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 institute any suit or proceeding for obtaining any decree or order for eviction from any building or land in slum areas. Section 39 made the provisions of the Slum Act to prevail notwithstanding anything inconsistent therewith contained in any other law. The Rent Act which re-placed the earlier Rent Act of 1952 came into force in Delhi w.e.f. 9-2-1959. Being aware of the Slum Areas Act the legislature by Section 54 of the Rent Act provided that nothing in the Rent Act shall affect the provisions of the Slum Areas Act. Thus by virtue of the provisions of the Rent Act as well as the Slum Areas Act, before a landlord could institute an eviction application, in regard to building in a slum area prior permission from the competent authority was necessary.

(3.) Major amendements were made in the Rent Act when Chapter IIIA was incorporated adding Section 25A to C by means of Act 18/1976 w.e.f. 1/12-1975. Another provision incorporated by the said Act 18/76 was Section 14A which provided that where a landlord who being a person in occupation of residential premises allotted to him by the Central Government of any local authority is required, by or in pursuance of any general or special order made by the government to vacate such residential accommodation on the ground that he owns, in the Union Territory of Delhi, a residential accommodation either in his name or in the name of his wife, there shall accrue on and from the date of such order, to such landlord, notwithstanding anything contained in the Act or any other law for the time being in force a right to recover immediately possession of any premises let out by him.