T.V.R.TATACHARI, V.S.DESHPANDE, YOGESHWAR DAYAL
GAURI SHANKAR GUPTA – Appellant
Versus
FINANCIAL COMMISSIONER – Respondent
( 1 ) THE question referred to the Full Bench is whether section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (simply called the "act" hereafter applies to a building which is used for a purpose other than residential.
( 2 ) THE petitioner landlord obtained an order for the eviction of the Respondent No. 2 tenant from a premises which is situated in a slum area. He filed a petition under section 19 (l) (b) of the Act before the Competent Authority for permission to execute the order of evic- tion. The permission was refused by the Competent Authority. The said order was upheld by the Financial Commissioner in an apeal filed by the petitioner under section 20 of the Act. The petitioner thereup- on filed the present petition under Article 227 of the Constitution with a view to get the said orders set aside.
( 3 ) THE main ground on which the validity of the orders refusing the permission has been impugned is that section 19 of the Act protects from eviction only those tenants who are using the premises occupied by them for residential purposes. If such tenants do not have the means to find alternative accommodation then their eviction from the premis
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