Section 37 in THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965
37. Provision regarding tenants in Area com prised in Malin Basti Sudhar Aur Nipatan Yojana. - (1) In an area in which, a Matin Basti Sudhar Aur Nipatan Yojana is in force, notwithstanding anything contained in any other law for the time being in force, no person shall except with the previous permission in writing of the prescribed authority -
(a)institute any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in the area, or(b)where any decree or order is obtained in any suit or proceeding instituted before the commencement of the scheme for the eviction of a tenant from any building or land in such area, execute such decree or order:Provided that nothing in this sub-section shall apply to or in relation to the eviction under any law of a tenant from any building or land belonging to the Government, the Board or any other local authority.(2)In granting or refusing to grant the permission under sub- section (1), the prescribed authority shall follow such procedure as may be prescribed and shall take into account the following factors, namely -(a)whether alternative accommodation within the means of the tenant would be available to him if he were evicted ;(b)whether the eviction is in the interest of slum improvement or clearance in the area;(c)such other factors, if any, as may be prescribed.(3)Any person aggrieved by an order of the prescribed authority granting or refusing to grant the permission referred to in sub- section (1) may, within such time as may be prescribed, prefer an appeal to the Tribunal whose decision thereon shall be final.(4)Where a tenant in occupation of any building in such area vacates any building or is evicted therefrom on the ground that it was required for the purpose of executing any work of improvement or for the purpose of demolition and re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be.(5)On receipt of such declaration, the prescribed authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (8) and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the. tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (4).(6)The rent provisionally determined under sub-section (5) shall be communicated in the prescribed manner to the tenant and the owner.(7)If the tenant after the receipt of such communication intimates in writing to the prescribed authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (4), he would pay to the owner, until the rent is finally determined under sub-section (8), the rent provisionally determined under sub-section (5), the prescribed authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or re-erection of the building as the case may be, and the owners shall be bound to comply with such direction.(8)Where any such building is let to a tenant in pursuance of a direction issued sub-section (7) the tenant shall, notwithstanding any law relating to the control of rent in force in the area, be liable to pay to owner such rent as may, on application given in this behalf to the prescribed authority within ninety-days from the completion of the work of improvement or re-erection of the building as the case may be, or within such further time as may be sufficient cause being shown be allowed, be finally determined by the prescribed authority, which shall be as follows :(a)if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely:(i)the annual rent the tenant was paying immediately before the vacated the building for the purpose of execution of the work improvement;(ii)six per cent. of the cost of the work of improvement; and(iii)six per cent, of the cost of any land which may have been acquired for the purpose of effecting such improvement;(b)if the building has been re-erected, an annual rent of a sum equivalent to four percent of the aggregate cost of reconstruction of building and the cost of the land on which the building is re-erected.Explanation. - For the purposes of this sub-section, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired by the Board under Section 55, and the date of commencement of the work of improvement or the re-erection of the building were the date with reference to which the market value of the land were adjudged under Section 23 of the Land Acquisition Act, 1894 (Act No. 1 of 1894), as modified by the said Section 55.Any party aggrieved against the determination of rent under sub-section (8) may, within such time as may be prescribed, prefer an appeal to the Tribunal whose decision thereon shall be final.(9)Where the rent is finally determined under sub-section (8), or on appeal under sub-section.(9), then the amount of rent paid by the tenant before such determination shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.
