Recovery of possession by landlord for repairs or for reconstruction of building in respect of which the Government shall be deemed to be the tenant

(1) Notwithstanding anything contained in this Act, on an application made by a landlord of a building in respect of which the Government shall be deemed to be the tenant, the authorised officer shall, if he is satisfied— (a) that the building is bona fide required by the landlord for carrying out the repairs which cannot be carried out without the building being vacated, or (b) the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished. pass an order directing the allottee to deliver possession of the building to the landlord before a specified date. (2) An order passed by the authorised officer under sub-section (1) directing the allottee to deliver possession of the building to the landlord shall be subject to such conditions and restrictions as may be prescribed. (3) No order directing the allottee to deliver possession of the building shall be passed by the authorised officer under sub-section (1) – (a) on the ground specified in clause (a) of sub-section (1), unless the landlord gives an undertaking that the building shall, on completion of the repairs, be offered to a authorised officer before the expiry of three months from the date of recovery of possession by the landlord or before the expiry of such further period as the authorised officer may, for reasons to be recorded in writing, allow, for re-allotment to any person named by the authorised officer, or (b) on the ground specified in clause (b) of sub-section (1), unless the landlord gives an undertaking that the work of demolishing any material portion of the building shall be substantially commenced by him not later than one month, and shall be completed before the expiry of three months from the date he recovers possession of the entire building or before the expiry of such further period as the authorised officer may, for reasons to be recorded in writing, allow. (3-A) (a) Any person aggrieved by an order passed by the authorised officer under sub-section (1) may, within fifteen days from the date of receipt of such order, prefer an appeal to the Government and the Government shall pass such order, including extension of time for vacating the building, as they deem fit. (b) On such appeal being preferred, the Government may order stay of further proceedings pending decision on the appeal. (4) Notwithstanding an order passed by the authorised officer under clause (a) of sub-section (1) directing the allottee to deliver possession of the building, the Government shall be deemed to continue to be the tenant, but the landlord shall not be entitled to any rent for the period commencing on the date of delivery of possession of the building by the allottee to the landlord and ending with the date on which the building is offered to the authorised officer by the landlord in pursuance of the undertaking under clause (a) of sub-section (3). (5) Nothing contained in this section shall entitle the landlord who has recovered possession of the building for repairs to convert a residential building into a non-residential building or a non-residential building into a residential buildings unless such conversion is permitted by the authorised officer at the time of passing an order under clause (a) of sub-section (1). (6) If, after the allottee has delivered possession, the landlord fails to commence the work or repairs within one month from the date of such delivery or fails to complete the work before the expiry of three months from the date of such delivery or before the expiry of further period allowed under clause 9(a) of sub-section (3) or having completed the work fails to offer the building to the authorised officer, the authorised officer may suo motu or on application order the re-allotment of the building to any person named by him and on such order being made, the landlord and any other person who may be in occupation shall put the allottee in possession of the building.