CHANDER BHAN Vs. CHATTER SINGH

JUDGEMENT

(1.) This is a petitition under Article 227 of the Constitution of India challenging the order made by Shri K.K. Baweja, Judicial Secretary, Delhi Administration, on appeal under section 20 of the Slum Areas (Improvement and Clearance) Act, 136011 56, iroman order oi the Competent Authority dated 14th September 1966, in disagreement with the older of the Competent Authority. granting permission to execute the decree of eviction to Chattar Singh, landlord respondent in this court.

(2.) The Appellate Tribunal, though deling convinced that the tenant was a labourer and, therefore, a poor man, held that, that was not the sole consideration in determining the application under section 19 of the aforesaid Act. For this view, he relied on a Bench decision of the Punjab High Court in Smt. Parvati Devi v. Tibbia College Board . The Bench in the repotted case observed that the meie fact of property of the tenant could not stay in the way of blocking the improvement scheme or development scheme made by the Government of the Delhi Development Authority or the Municipal Corporation of Delhi. They indeed took pains to observe that under section 19 of the aforesaid Act, where altrnative accomodation within the means of the tenant could not be available, it was not conclusively to be held that permissin should not be refused. Now, looking at section 19 under sub section (4) thereof it is expressly provided that in granting or refusing to grant the permission. under sub-section (3), the competent Authority shall take into account the following factors namely :-

(3.) For the reasons forgoing, this petition fails and is dismissed, but in its peculiar circumstances, I would make no order as to costs.