Section 17 in The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
17. Proceedings for evection of tenants not to be taken without permission of the prescribed authority.
(1)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, after the commencement of this Act any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or(b)where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order.(2)Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the prescribed authority in such form and containing such particulars as may be prescribed.(3)On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant take into account the following factors, namely:-(4)In granting or refusing to grant permission under sub-section (3), the prescribed authority 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 improvement and clearance of the slum area;(c)such other factors, if any, as may be prescribed.(5)Where the prescribed authority refuses to grant the permission it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.(6)Any person aggrieved by an order of the prescribed authority refusing to grant the permission under sub-section (3) may, within such time as may be prescribed, prefer an appeal to the State Government and the State Government may, after hearing the appellant, decide such appeal and its decision shall be final.
