Proceedings for eviction of occupants not to be taken without permission of the prescribed 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 prescribed authority- (a) institute, after the commencement of this Act any suit or proceedings for obtaining any decree or order for the eviction an occupant from any building or land in such area: or (b) where any degree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of an occupant from any building or land in such area, execute such decree or order. (2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the prescribed authority in such form and containing such particulars as may be prescribed. (3) On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry into the circumstances of the case as it thinks fit shall, by order in writing, either grant or refuse to grant such permission. (4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely:-- (a) whether alternative accommodation within the means of the occupant 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; (c) such other factors, if any, as may be prescribed. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. Explanation.-In, this section and, in sections 31,32, and 33, ‘occupant’ means an occupier, not bring an owner in occupation of, or otherwise using, his hand or building.