10A. [ Right of thika tenant to erect pucca structures.] [Section 10A inserted ibid](1) Notwithstanding anything contained in any other law for the time being in force or in any contract, but subject to the provisions of sub-sections (2) and (3), a thika tenant using the land comprised in his holding for a residential purpose may erect a pucca structure on such land for such purpose with the previous permission of the Controller.
(2)On an application made by a thika tenant in this behalf, the Controller may grant him permission to erect a pucca structure, if the Controller s satisfied that the thika tenant(a)is using the structure existing on the land comprised in his holding for a residential purpose,(b)intends to use the pucca structure to be erected on such land for a similar purpose, and(c)has obtained sanction of a building plan to erect the pucca structure from the municipal authorities of the area in which such land is situated.(3)No thika tenant shall be entitled to eject a Bharatia from the structure Df part thereof in the possession of the Bharatia for the purpose of erecting pucca structure :Provided that the thika tenant may by providing temporary alternative accommodation to a Bharatia obtain from him vacant possession of the structure in his possession on condition that immediately on the completion of the construction of the pucca structure the thika tenant shall offer the Bharatia accommodation in the pucca structure at a rent which shall in to case exceed by more than twenty-five per centum the rent which the Bharatia was previously paying.
