(1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force, to erect any building whether for residential or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Court.
(2) The Rent Court may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,—
(a) direct such severance after such enquiry as it may deem fit;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the premises; and
(d) make such other orders as it may deem fit in the circumstances of the case.
28. Notwithstanding anything contained in any other law for the time being in force in the Union territory of Dadra and Nagar Haveli and Daman and Diu, where the interest of a landlord or in case of death of the landlord, of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Court under this Regulation for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord.
29. Notwithstanding anything contained in any other law for the time being in force in the Union territory of Dadra and Nagar Haveli and Daman and Diu, a tenant may give up possession of the premises on giving such written notice as is required under the tenancy agreement and in the absence of any stipulation relating to such notice, the tenant shall give notice to the landlord at least one month before giving up possession of the premises.
Permission to build additional structures.
Special provision regarding vacant land.
Vacant possession to landlord.
Provisions regarding notice of giving up possession by tenant.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
CHAPTER VI RENT AUTHORITIES, THEIR POWERS AND APPEALS
30. The District Collector or the District Magistrate shall, with the previous approval of the Administrator, appoint an officer, not below the rank of Deputy Collector, to be the Rent Authority within his jurisdiction.
31. The Rent Authority shall have all the powers as are vested in the Rent Court under this Regulation and the procedure as laid down in sections 35 and 36 shall also be applicable to it.
32. Any person aggrieved by the order of the Rent Authority may prefer an appeal to the Rent Court having territorial jurisdiction within a period of thirty days from the date of the order of the Rent Authority:
Provided that the Rent Court may entertain the appeal after expiry of the said period of thirty days if it is satisfied that the appellant was prevented by a sufficient cause from preferring the appeal in time.
CHAPTER VII RENT COURTS AND RENT TRIBUNALS
33. The District Collector or the District Magistrate shall, with the previous approval of the Administrator, appoint Additional Collector or Additional District Magistrate or an officer of equivalent rank well versed in quasi-judicial functions, to be the Rent Court for the purposes of this Regulation, within his jurisdiction.
34. The Administrator may, in consultation with the jurisdictional High Court, by notification, appoint District Judge or Additional District Judge as the Rent Tribunal in each District.