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State of Gujarat - Section

Section 18 in The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973

18. Restoration of possession of premises vacated by a tenant.

(1)Where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it is required for the purpose of executing any work of improvement or for the purpose of 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 he completion of the work of improvement or re-erection of the building, as the case may be.
(2)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, furnished, if any, and having such enquiry 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 (1).
(3)The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner.
(4)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 subsection (1), he would pay to the owner, until the rent is finally determined under section 19, the rent provisionally determined under sub-section (2), the prescribed authority shall direct the owner to replace the tenant in occupation of the building after completion of the work of improvement or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction.