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Documents citing C.R. Abrol vs Administrator Under The Slum Areas And ... on 4 May, 1970

K.K. Puri vs Suman Kumar Puri (Since Deceased) ... on 14 May, 2024

In C. R. Abrol v. Administrator under the Slum Areas and others (Supra) the Court has observed that competent authority while exercising the discretion given to it must take into account the factors stated in Section 19 (4) and nothing else. It has come to their notice that landlord applying for permission before the competent authority state the reasons why they want to evict their tenant and these reasons have usually reference to the various provisos to Section 14(1) of the DRC Act. In their view, it is entirely unnecessary RCT No. 25/2017 K.K. Puri Vs. Suman Kumar Puri (deceased) through LRs Page 12 of 16 for the landlord to plead any of these grounds as mentioned in DRC which are completely irrelevant under the Slum Act. The competent authority is precluded from considering those grounds and at that time Competent Authority cannot shirk the consideration of such of the factors stated in Section 19(4) as would be relevant on the facts of the particular case before it.
Delhi District Court Cites 20 - Cited by 0 - Full Document

Punny Ram And Ors. vs Chiranji Lal Gupta And Ors. on 28 May, 1982

(23) We cannot persuade ourselves to agree with Mr. Narula that improvement and clearance of slum areas postulated by clause (b) of Section 19 is only that improvement and clearance of slum area which is contemplated by Chapters Ii, Iii and Iv of the Act. No doubt, the terminology in Clause (b) of Section 19(4) ii similar to the terminology of the Provisions in Chapters Ii, Iii and Iv but the improvement and clearance of slum areas contemplated in Chapter Vi is in the context of protection granted to tenants from eviction. The words have to be read in the context of enforcement of rights and obligations of private parties. As we have observed earlier, the Parliament was conscious of the conditions obtaining in the areas where the Act had been in force and the extent to which the objective had been achieved when it enacted Section 19(4). Therefore, Clauses (a) and (b) have to be read disjunctively and it would amount to looking at the matter from the point of view of the tenant when permission is granted if conditions contemplated by clause (b) of Section 19(4) exist. That incidentally the landlord is benefited is immaterial. Just ai protection from eviction is a social concept so is prevention of people from living in hovels. We are, therefore, of the opinion that the law enunciated in Abrol's case and in Mahabir Pershad's case (supra) is the correct law. We do not accept the proposition that clauses (a) and (b) must be read cumulatively. We do not also accept that even if the conditions postulated by clause (b) exist, but the tenant is too poor to acquire alternative accommodation, he can in no circumstances be evicted. We further hold that if the competent authority on valid grounds comes to the conclusion in a given case .that eviction of the tenant is in the interest of improvement and clearnace of slum areas, looking at it from the tenant's point of view the competent authority need not further investigate the question of the mean? and status of the tenant. We negative the contention that improvement and clearance of slum areas in Section 19(4)(b) means improvement and clearance of sluma areas by the State alone under a proper scheme. In a given set of circumstances the improvement and clearance of slum areas can be effectuated by an owner of a building or a group of owners who will have to obtain sanction of the building plans which we know can only be sanctioned under municipal bye-laws in force in the Union Territory of Delhi if the proposed construction or reconstruction not only complies with the municipal bye-laws but also complies with the Zonal and Master Plans framed under the Delhi Development Act which are the documents for planned development of Delhi.
Delhi High Court Cites 49 - Cited by 5 - S Ranganathan - Full Document

Nathu Khan And Ors. vs Mohd. Ismail on 1 September, 1972

The object of section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 is to supplement the statutory protection enjoyed by the tenants and statutory tenants under the Delhi Rent Control Act, 1958 as was observed by the Supreme Court in Jyoti Parsad v. Adninistration for Union Territory of Delhi, , followed by us in C.R. Abrol v. Administrator under the Slum Areas, 1970 R.C.R. 519.(5).
Delhi High Court Cites 17 - Cited by 7 - Full Document

Director Of Postal Services vs Daya Nand on 31 January, 1972

(9) The crux of the question is whether the requirements of proviso (a) to Art. 311(2) have been complied with in passing the impugned orders This has to be decided primarily on reading the impugned orders in the light of the circumstances in which they were passed. Firstly, a distinction has to be observed between the substance of the power conferred on the authority to make such orders and the form in which the orders may be expressed. The substance consists of the conditions which must be fulfillled before the power to dismiss is exercised This condition is ordinarily mandatory. A non-compliance with the condition would invalidate the exercise of the power. Nazir Ahmed v. King Emperor", and C R. Abrol v. Administrator Under the Slum Areas". In these cases it is not disputed th-.it in fact the conduct of Tirkha Ram and Daya Nand led to their convictions on criminal charges. The requirements of substance for the exercise of the power of dismissal under proviso (a) to Article 311(2) were, therefore, satisfied.
Delhi High Court Cites 39 - Cited by 20 - Full Document

Prem Sheel Malhan vs Shanti Sharma on 19 October, 1971

On this view the existence of such relationship becomes a condition precedent to the assumption of jurisdiction by the Controller. It is, therefore, the duty of the Controller to first be satisfied that such a relationship exists before he proceeds to entertain and decide the application for the fixation of standard rent filed under section 9 or an application for eviction filed under the proviso to section 14(1). This is so even if the finding of the Controller may be challengeable in a civil court. (Mrs. D. David v. Miss R. Mukha,1970 All India Rent Control Journal 579)(1), referred to with approval by the Division Bench in C.R. Abrol v. Administrator under the Slum Areas, I.L.R. (1970) I Delhi 768 (2).
Delhi High Court Cites 19 - Cited by 3 - Full Document

Bardu Ram Dhanna Ram vs Ram Chander Khibru on 12 October, 1970

17. Another case, upon which reliance has been placed by the landlords, in C.R. Abrol v. Administrator under the Slum Areas 1970 Ren Cr 519 (Delhi). What was decided in that case was that the competent authority while dealing with an application under Section 19 of the Slum Areas Act is bound to make a preliminary inquiry into existence of relationship between the landlord and tenant. No question arose in that case as to what is the connotation of the word "tenant" and the Court did not decide this matter. As such, the said case can also be of no help to the landlords.
Delhi High Court Cites 19 - Cited by 19 - H R Khanna - Full Document

Murari Lal Chet Ram, Badlu And Anr. vs P.C. Sharma And Ors. on 19 August, 1988

Reference was made to a Bench decision of this Court in C.R. Abrol v. Administrator under the Slum Areas and others (2nd (1970) I Delhi 768). The competent authority also referred to notices served on the respondent-landlords under Section 348 of the Delhi Municipal Corporation Act on the ground that the building in which the tenanted premises were situated was in a dangerous conditions. The respondent-landlords also brought on record certified copy of the sanctioned plan for reconstruction of the whole building.
Delhi High Court Cites 14 - Cited by 0 - D P Wadhwa - Full Document

Harish Chander Malik vs Vivek Kumar Gupta & Others on 23 May, 2011

In C.R. Abrol v. Administrator under the Slum Areas and Others, 1970 R.C.R. 519 (1), it has been held by a Division Bench of this Court (Hardayal Hardy and V.S. Deshpandey JJ.) that the proceedings under section 19 can only be between a landlord and a tenant, that the exercise of his jurisdiction by the Competent Authority under section 19 depends on the fulfillment of the jurisdictional condition that the application under the section is made by a landlord for permission to evict a tenant, and that the Competent Authority is bound to make a preliminary inquiry into the existence of the relationship of landlord and tenant between the parties under section 19(1) with a view to be able to decide on the basis of such a preliminary inquiry whether the permission should be given to the landlord or not.
Delhi High Court Cites 53 - Cited by 28 - G S Sistani - Full Document

Sh. Raees Khan vs . Sh. Mufeed Khan on 20 April, 2012

8. The last contention of the counsel for judgment debtor is that for proceedings regarding eviction from Slum area, permission of competent authority is required U/s 19 of Slum Act. Counsel for decree holder rebuts the objections on the ground that the relationship between the decree holder and the judgment debtor is at best that of a licensor and licensee and not a landlord and tenant. I have also perused the authorities placed on record by the judgment debtor i.e. Vishal Kirti Vs. Vipul Kumar Jain 176 (2011) DL 176, Arbein Plywood Ltd. Vs. Janak Kapur 1993 (26) DRJ­16, Harishh Chander Malik Vs. Vivek Kumar Gupta decided on 23.05.2011 and Ms. Pushpa Singh Vs. State Bank of India decided on 05.05.2011, are all on the point that for eviction of tenants from areas notified as Slum Area on whatever ground, permission of the competent authority is required and in fact in Harish Chander Malik Vs. Vivek Kumar Gupta and Ors. the decision rendered in CR Abrol Vs. Administrator under the Slum Areas & Ors, 1970 RCR 519 (1) has been quoted wherein it has been held by the division bench of the Hon'ble High Court that the proceedings U/s 19 can only be between the landlord and a tenant.
Delhi District Court Cites 17 - Cited by 0 - Full Document
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