MANHARSINH NAVALSINH PARMAR Vs. COLLECTOR

JUDGEMENT

(1.) PRESENT is the second round of litigation, as earlier this petitioner had approached this Court by filing Special Civil Application No. 2123 of 2005. The same was disposed of by order dated 18th February 2005 (Coram: Honourable Mr. Justice CK Buch, as he then was). The relevant part of the order reads as under:

(2.) AFTER the aforesaid petition was disposed of, the Collector, Surendranagar passed an order in Bombay Rent Act Case No. 2 of 2005. The Collector passed a well considered order on 12th January 2006 u/s. 11(B) and 17(D) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the said Act').

(3.) IN the present case, as is recorded in the order passed by the Collector dated 12th January 2006, that the petitioner was residing at Surendranagar as a tenant in the premises of one Smt. Kantaben Chunilal Bhavsar in the upper portion of the building; that on 26th January 2001, in earthquake, the said building had collapsed and was thus not possible to be occupied; that the petitioner is residing at some other place; that the opponent (landlord) is not constructing the new house and as u/s. 11(B) of the Act if landlord does not construct new house and give it to the tenant for residence, u/s. 17(D), the site vests in the Government for constructing the new house and provide the same for residence.