Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
23. (1) No decree or order for the eviction of a tenancy from any building or land in a slum area shall, except as hereinafter provided and till such time the declaration under section 3 is in force, be capable of being executed ; anything contained in any other law for the time being in force to the contrary notwithstanding. (2) A decree or order referred to in sub-section (1) may be put into execution after obtaining the permission of the Competent Authority in accordance with the provisions of sub-section (3). (3) An application for obtaining the permission of the Competent Authority under sub-section (2) shall be made in such form and contain such particulars as may be prescribed. (4) On receipt of such application the Competent Authority, after affording reasonable opportunity to the applicant and the tenant of being heard and after making such inquiry into the circumstances of the case as it thinks fit, may, where it is of the opinion that the execution of the decree or order shall defeat or be detrimental to the enforcement of the provisions of this Act, reject the application but in all other cases grant it. (5) Where the Competent Authority refuses to grant the permission, it shall record in brief its reasons for such refusal and make available a copy thereof to the applicant.
<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><b>23.</b> (1) No decree or order for the eviction of a tenancy from any building or land in a slum area shall, except as hereinafter provided and till such time the declaration under section 3 is in force, be capable of being executed ; anything contained in any other law for the time being in force to the contrary notwithstanding.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(2) A decree or order referred to in sub-section (1) may be put into execution after obtaining the permission of the Competent Authority in accordance with the provisions of sub-section (3).<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(3) An application for obtaining the permission of the Competent Authority under sub-section (2) shall be made in such form and contain such particulars as may be prescribed.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(4) On receipt of such application the Competent Authority, after affording reasonable opportunity to the applicant and the tenant of being heard and after making such inquiry into the circumstances of the case as it thinks fit, may, where it is of the opinion that the execution of the decree or order shall defeat or be detrimental to the enforcement of the provisions of this Act, reject the application but in all other cases grant it.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(5) Where the Competent Authority refuses to grant the permission, it shall record in brief its reasons for such refusal and make available a copy thereof to the applicant.<br>