Restoration of possession of premises vacated by tenant.

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

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Chapter VI PROTECTION OF OCCUPIERS IN SLUM AREAS FROM EVICTION AND DISTRESS WARRANTS

Statutory text

(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 re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the Competent Authority that he desires to be replaced in occupation of the building after the re-erection of the building.
(2) On receipt of such declaration, the Competent 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 re-erection of the building and an estimate of the cost thereof, and such other particulars as may be necessary; and shall, on the basis of such plans and estimate and particulars, if any, furnished, and having regard to the provisions of sub-section (3) of section 25, and after holding such inquiry 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 Competent 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 sub-section (1), he would pay to the owner, until the rent is finally determined under section 25, the rent provisionally determined under sub-section (2), the Competent Authority shall direct the owner to place the tenant in occupation of the building after the re-erection of the building [and intimation of such re-erection shall be given in the manner provided in sub-section (5)], and the owner shall be bound to comply with such direction.
(5) As soon as the work of carrying out re-erection of the building is nearing completion or is completed, the Competent Authority shall give notice to the tenants concerned by affixing it in some conspicuous part of the building and by sending it by post to the address which may have been registered with the Competent Authority by any tenant and in such other manner as may be determined by the Competent Authority, that the building is likely to be or is ready for occupation from a specified date, and that they should occupy the building so re-erected within a period of one month from such date. If a tenant fails to occupy the building within a period of one month from the specified date, his tenancy or other right in respect of the said building shall, notwithstanding anything contained in any contract or in any law for the time being in force, be deemed to be terminated, and the owner shall be entitled to possession thereof. If such tenant has accepted the temporary accommodation provided by the Competent Authority, he shall have to vacate the same also forthwith; and if he does not vacate, he shall be liable to be evicted therefrom in the manner provided in section 33.

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