Section 16 in The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
16. Allotment and release of vacant building.
(1)Subject to the provisions of this Act, the District Magistrate may Allotment and by order-(a)require the landlord o let any building which is or has, fallen vacant or is about to fall vacant, or a part of such building but not appurtenant land alone, to any person specified in the order (to be called an allotment order) ; or(b)release the whole or any part of such building, or any land appurtenant therein, in favour of the landlord (to be called a release order).(2)No release order under clause (b) of sub-section (1) shall be made unless the District Magistrate is satisfied that the building or any part thereof or any land appurtenant thereto is bona fide required, either in its existing form or after demolition and new construction, by the landlord for occupation by himself or any member of his family, or any person for whom benefit it is held by him, either for residential purposes or for purposes of any profession, trade, calling or where the landlord is trustee of a public charitable trust for the objects of the trust. or that the building or any part thereof is in a dilapidated condition and is required for purposes of demolition and now construction, or that any land appurtenant to it is required by him for constructing one or more new buildings or for dividing it into several plots with a view to the sale thereof for purposes of construction of new buildings :Provided that no application under this sub-section shall be entertained for the purposes of a charitable trust the objects of which provide for discrimination in respect of its beneficiaries on the ground of religion, caste or place of birth.(3)The allotment order shall specify-(a)whether the building shall be used by the tenant for residential or non-residential purposes ;(b)in the case of business purposes, the names of proprietors or partners of the business;(c)the date which shall not be earlier than seven days after the date of the order, by which the landlord shall deliver possession to the allottee ;(d)such other particulars as may be prescribed.(4)Where the allottee or the landlord has not been able to obtain possession of the building, allotted to him or, as the case may be, released in his favour, or any part thereof, and any other person has 'occupied or continued to occupy it, the District Magistrate, on an application of the allottee or the landlord, as the case may be, may by order evict or cause to be evicted any person named in the order as well as every other 'person claiming under him or found in occupation, and may for that purpose use or cause to be used such force as may be necessary and put or cause to be put the allottee or the landlord in possession of the building or part.(5)(a)Where the landlord or any other person claiming to be a lawful occupant of the building or any part thereof comprised in the allotment or release order satisfies the District Magistrate that such order was not made- in accordance with clause (a) or clause (b) , as the case may be, of sub-section (1), the District Magistrate may review the order :Provided that no application under this clause shall be entertained later than seven days after the eviction of such person.(b)Where the District Magistrate on review under this sub-section sets aside or modifies his order of allotment or release, he shall put or cause to be put the applicant, if already evicted, back into possession of the building, and may for that purpose use or cause to be used such force as may be necessary.(6)If the District Magistrate finds an application given under sub-section (5) to be false or frivolous, he shall by order award to the allottee or the land-lord, as the case may be, against, the applicant special costs which shall not exceed five hundred rupees.(7)Every order under this section shall, subject to the result of any appeal under section 18, be final.(8)The allottee shall, subject to the provisions of sub-section (5) and section 18, be deemed to become tenant of the building from the date of allotment or, where he is unable to obtain possession by reason of a stay order or of any other person having occupied or continued to occupy the building, from the date on which he obtains possession.(9)The District Magistrate may on an application being made in that behalf by the landlord, by order require the allottee to pay to the landlord an advance-(a)where the building is situated in a hill municipality, of one half of the yearly rent ; and(b)in any other case, of one month's rent ;and on his failure to make the payment within a week thereof, rescind the allotment order.
