Proceedings for eviction of occupiers or for issue of distress warrant not to be taken without permission of Competent Authority.

CHAPTER VI 1[PROTECTION OF OCCUPIERS IN SLUM AREAS FROM EVICTION AND DISTRESS WARRANTS] 22. Proceedings for eviction of occupiers 2[or for issue of distress warrant] not to be taken without permission of Competent 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 Competent Authority,

1. (a) institute, after commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land 3[in a slum area or for recovery of any arrears of rent or compensation from any such occupier, or for both; or]
2. (b) when any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of an occupier from any building or land in such area 4[or for recovery of any arrears of rent or compensation from such occupier, or for both] execute such decree 5[or order; or] 6[(c) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts Act, 1887 (IX of 1887) in its application to the State of Maharashtra, for a distress warrant for arrears of rent against any occupier of a house or premises in a slum area]. 7[(1A) Notwithstanding anything contained in sub-section (1) as in force before the commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Amendment) Act, 1986 (Mah. II of 1887) (hereinafter in this section referred to as "the Amendment Act") or in any other law for the time being in force, no person shall, except with the previous permission in writing of the Competent Authority,-
3. (a) execute any decree or order obtained in any suit or proceeding instituted during the period commencing from the 30th day of September 1985, being the date of the expiry of the Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Act, 1980 (Mah. XVI of 1980) and the date of commencement of the Amendment Act, for eviction of an occupier from any building or land in a slum area (which area was earlier purported to be covered by the definition of "vacant land" in clause (f) of section 2 of the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975 (Mah. LXVI of 1975) or for recovery of any arrears of rent or compensation from such occupier, or for both; or
4. (b) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts Act, 1887 (IX of 1887) in its application to the State of Maharashtra, for a distress warrant for arrears of rent against any such occupier of a house or premises in any such slum area.]

1. (2) Every person desiring to obtain the permission referred to in sub-section (1) 8[or (1A)] shall make an application in writing to the Competent Authority in such form and containing such particulars as may be prescribed.
2. (3) On receipt of such application, the Competent Authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall, by order in writing, either grant or refuse to grant such permission.
3. (4) In granting or refusing to grant the permission 9[under clause (a) or (b) of sub-section (1)] 10[or clause (a) of sub-section (1A)] the Competent Authority shall take into account the following factors, namely :-
   • (a) Whether alternative accommodation within the means of the occupier 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; 11[(b-1) whether, having regard to the relevant circumstances of each case, the total amount of arrears of rent or compensation and the period for which it is due and the capacity of the occupier to pay the same, the occupier is ready and willing to pay the whole of the amount of arrears of rent or compensation by reasonable instalments within a stipulated time;]
   • (c) any other factors, if any, as may be prescribed. 12[(4A) (a) In granting or refusing to grant the permission under clause (c) of sub-section (1) 13[or clause (b) of sub-section (1A)] the Competent Authority shall take into account the following factors, namely :-
     • (i) what is the amount of rent and for what period it is due;
     • (ii) whether a notice of demand referred to in the proviso to sub-section (1) of section 53 of the Presidency Small Cause Courts Act, 1882 (XV of 1882) or in the proviso to sub-section (1) of section 27B of the Provincial Small Cause Courts Act, 1887 (IX of 1887), as the case may be, has been duly given to the occupier liable to pay the arrears of rent,
     • (iii) whether the occupier is willing to pay arrears within a stipulated time;
     • (iv) any other factors, if any, as may be prescribed.
   • (b) If, within a period of 14[six months] from the date of receipt of any application for permission under clause (c) of sub-section (1), 15[or clause (b) of sub-section (1A)] the Competent Authority does not refuse to grant the permission, it shall be deemed to have been granted at the expiration of such period.]
4. (5) Where the Competent Authority refuses to grant the permission 16[under any of the clauses of sub-section (1) 17[or (1A)] it shall record a brief statement of the reasons for such refusal, and furnish a copy thereof to the applicant.