LAWS(P&H)-1959-10-22

AJUDHIA PERSHAD Vs. CHIEF COMMISSIONERDELHI

Decided On October 12, 1959
AJUDHIA PERSHAD Appellant
V/S
CHIEF COMMISSIONER, DELHI Respondents

JUDGEMENT

(1.) This judgment will dispose of Civil Writ No. 432 of 1958 which has been referred to a Division Bench by Bishan Narain J. by his order dated 18-11-1958 and the connected petitions (Civil Writs Nos. 64-D, 203-D, 274-D, 426-D and 584-O of 1959).

(2.) The only point that requires decision is whether any appeal is competent under the Slum Areas (Improvement and Clearance) Act 1956, against an order made by the competent authority under S. 19 of that Act granting permission to execute a decree for eviction granted in favour of the landlord against the tenant under the provisions of the Delhi Rent Restriction Act.

(3.) The aforesaid Act was enacted to provide for the improvement and clearance of slum areas and for the protection of tenants from such areas from eviction. The Act is divided into various chapters. Chapter I is preliminary. Chapter II contains provisions relating to declaration of slum areas. Chapter III deals with slum improvement. Chapter IV relates to slum clearance and redevelopment. Chapter V provides for acquisition of land. Chapter VI is headed, 'Protection of tenants in slum areas from eviction' and it consists of three sections only. Chapter VII contains miscellaneous provisions. It will be useful now to set out Ss. 19 and 20 appearing in Chapter VI.