Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant.

Special provision regarding vacant land

1. (1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the laws for the time being in force in the Union territory of Lakshadweep, to erect any building whether for residential or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Court.
2. (2) The Rent Court may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,—
   • (a) direct such severance after such enquiry as it may deem fit;
   • (b) place the landlord in possession of the vacant land;
   • (c) determine the rent payable by the tenant in respect of the rest of the premises; and
   • (d) make such other orders as it may deem fit in the circumstances of the case.