Section 13(3) in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
(3)The Court may pass the decree on the ground specified in clause (h) or (i) of subsection (1) only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out the work or repairs or erection.[(3-A) No decree for eviction shall be passed on the ground specified in clause (hh) of sub-section (1), unless landlord produces at the time of the institution of the suit a certificate granted by the Tribunal under sub-section (3-B) and gives an undertaking-] [Sub-sections (3-A) and (3-B) were inserted by Bombay 53 of 1950, section 6(3).](a)that the new building to be erected by him shall [subject to the provisions of any rule, bye-laws or regulations, made by a local authority,] [These words were inserted by Bombay 61 of 1953, section 9(3)(i).] contain not less than [two] [This word was substituted for the word 'three' Bombay 61 of 1953, section 9(3)(ii).] times the number of residential tenements, and not less than [two] [This word was substituted for the word 'three' Bombay 61 of 1953, section 9(3)(ii).] times the floor area, contained in the premises sought to be demolished;(b)that the work of demolishing the premises shall be commenced by him not later than one month, and shall be completed not later than three months, from the date he recovers possession of the entire premises; and(c)that the work of erection of the new building shall be completed by him not later than fifteen months from the said date:[Provided that, where the Court is satisfied that the work of demolishing the premises could not be commenced or completed, or the work of erection of the new building could not be completed, within time for reasons beyond the control of the landlord, the Court may by order extend the period by such further periods, not exceeding three months at a time, as may, from time to time, be specified.] [This proviso was added by Gujarat 57 of 1963, section 12(3).](3-B) (a) For the purposes of sub-section (3-A), the State Government may from time to time constitute a Tribunal consisting of such persons and for such local area as it thinks fit.(b)The Tribunal constituted under clause (a) may grant a certificate after being satisfied that-(i)the plans and estimates for the new building have been properly prepared;(ii)[***] [Sub-clause (ii) was deleted by Bombay 61 of 1953, section 9(4).](iii)the necessary funds for the purpose of the erection of the new building are available with the landlord; and(iv)such other conditions as the State Government may by general or special order specify, have been satisfied.(c)The proceedings before the Tribunal shall be in the manner as may be prescribed by rules made by the State Government in this behalf.
