S.MURTAZA FAZAL ALI, Y.V.CHANDRACHUD, P.K.GOSWAMI
Sarwan Singh – Appellant
Versus
Kasturi Lal – Respondent
Judgment
Y. V. CHANDRACHUD, J.:- This appeal by special leave raises a question of some interest and importance for decision. The question is whether the provisions of the Slum Areas (Improvement and Clearance) Act, 96 of 1956, override those of the Delhi Rent Control Act, 59 of 1958. If they do, no person can institute any suit or proceeding for the eviction of a tenant from any building or land in a slum area without the previous permission in writing of the competent authority. For the sake of brevity we will refer to these two enactments as the Slum Clearance Act" and the "Delhi Rent Act" respectively.
2. The respondent is a government servant employed in the Railway Ministry (Railway Board) and was in that capacity occupying quarters allotted to him by the Government at Nanakpura New Delhi. By a letter dated December 24, 1975 the Assistant Director of Estates called upon the respondent to vacate the quarters on or before December 31,1975 on the ground that he owned a residential house and was, therefore, liable to vacate the premises allotted to him by the Government. The respondent was paying to the Government a monthly rent of Rs. 65.06 but since he did not vacate the premises
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