YOGINDER PAL Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) The common questions arising for 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 res 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 acting under section 19(4) (a) of the Act of 1956.

(2.) In Civil Writ 708 of 1969, the landlord (Respondent No. 2) obtained an order of eviction against the tenant (petitioner) under section 14(1)(g) of the Act of 1958 on the ground that the landlord required the premises bona fide for the purpose of rebuilding the same and such work could not be carried out without the premises being vacated by the tenant. Section 14(1) (g) of the Act of 1958 is reproduced below for reference:

(3.) As required by sections 19(1) (b) of the Act of 1956, the landlord applied to the competent authority (Respondent No. 1) for permission to execute the order of eviction. The tenant contested the application on the grounds that the premises did not require re-building and also that the tenant could not find alternative accommodation within his means.