MOHAN LAL AHUJA Vs. RAMJAS FOUNDATION

JUDGEMENT

(1.) The petitioner is a tenant of the premises of which Respondent No. I is the landlord. The-landlord made an application to Respondent No. 2 (Competent Authority) under section 19 of the um Areas (Improvement and Clearance) Act, 1956 (here- inafter called the Slum Areas Act for permission to file a peti- tion for eviction against the tenant under section 22 of the Delhi Rent Control Act, 1958 (hereinafter called the Rent Act). The permission was granted to the landlord by the Competent Authority by the impugned order dated 24-1-1969 at Annexure C to the writ petition solely on the ground that the requirements of section 22 of the Rent Act were satisfied. The Competent Authority held that the tenant was not entitled to the protection of section 19 of the Slum Areas Act inasmuch as he was liable to be evicted under section 22 of the Rent Act. The Competent Authority concluded that "the question of status and means of the respondent (tenant) is not discussed here. Permission asked for is granted".

(2.) The above-mentioned order granting permission is challenged by the tenant by this writ petition on the ground that it violates the provisions of section 19(4) of the Slum Areas Act which runs as follows :

(3.) It is unfortunate that this Division Bench decision and the observations contained therein were not brought to the notice of the Competent Authority. The result was that the Competent Authority fell into an error in basing its decision on irrelevant considerations which could be considered only by the Controller later under section 22 of the Rent Act but which could not be considered by the Competent Authority under section 19(4) of the Slum Areas Act. The only relevant consideration in the present case under section 19(4) of the Slum Areas Act was whether the tenant could find alternative accommodation within his means if he were to be evicted. This factor was not considered at all by the Competent Authority.