Section 19 in The Displaced Persons (Compensation and Rehabilitation) Act, 1954
19. Power to vary or cancel lease or allotment of any property acquired under this Act.—
(1)Notwithstanding anything contained in any contract or any other law for the time being in force but subject to any rules that may be made under this Act, the managing officer or managing corporation may cancel any allotment or terminate any lease or amend the terms of any lease or allotment under which any evacuee property acquired under this Act is held or occupied by a person, whether such allotment or lease was granted before or after the commencement of this Act.(2)Where any person,--(a)has ceased to be entitled to the possession of any evacuee property by reason of any action taken under sub-section (1), or(b)is otherwise in un-authorised possession of any evacuee property or any other immovable property forming part of the compensation pool, he shall, after he has been given a reasonable opportunity of showing cause against his eviction from such property, surrender possession of the property on demand being made in this behalf by the managing officer or managing corporation or by any other person duly authorised by such officer or corporation.(3)If any person fails to surrender possession of any property on demand made under sub-section (2), the managing officer or managing corporation may notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property and may, for such purpose, use or cause to be used such force as may be necessary.(4)Where a managing officer or a managing corporation is satisfied that any person, whether by way of allotment or lease, is, or has at any time been, in possession of any evacuee property acquired under this Act to which he was not entitled, or which was in excess of that to which he was entitled, under the law, under which such allotment or lease was made or granted, then, without prejudice to any other action which may be taken against that person, the managing officer or the managing corporation may, having regard to such principles of assessment or rent as may be specified in this behalf by the Central Government, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed for the period for which the property remain or has remained in his possession.Provided that no such order shall be made without giving to the person concerned a reasonable opportunity of being heard.(5)Where any person is, or has at any time been, in unauthorised possession of any evacuee property acquired under this Act, the managing officer of the managing corporation may, having regard to such principles of assessment of damages as may be specified in this behalf by the Central Government, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such installment as may be specified in the order :Provided that no such order shall be made without giving to the person concerned a reasonable opportunity of being heard.
