Section 23 of The delhi rent control act, 1958 in hindi
Where the landlord proposes to make any improvement in, or construct any additional structure on, any building which has been let to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure and the Controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, the Controller may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case.
Summary
- This section applies when a landlord wants to make improvements or build an additional structure on a building let to a tenant.
- If the tenant refuses to permit this work, the landlord can apply to the Controller for permission.
- To grant permission, the Controller must be satisfied that the landlord is ready and willing to start the work.
- The Controller must also be satisfied that the proposed work will not cause any undue hardship to the tenant.
- If satisfied, the Controller can permit the landlord to carry out the work and make any other suitable order.
Practical examples
FAQ
1. What are the two main things the Controller must be satisfied of before granting permission under Section 23?
The Controller must be satisfied that the landlord is ready and willing to commence the work, and the work will not cause any undue hardship to the tenant.
2. Can a landlord demolish the tenant's existing rented portion to build an additional structure under this section?
No, the section permits making improvements or constructing additional structures on any building which has been let to a tenant provided it does not cause undue hardship to the tenant. It does not allow demolishing the tenant's home against their will.
Test yourself
Q1.Under Section 23 of The delhi rent control act, 1958, if a landlord wants to construct an additional structure on a rented building but the tenant objects, what action can the landlord take?
Q2.What is one of the key conditions that the Rent Controller must be satisfied of under Section 23 of The delhi rent control act, 1958, before permitting a landlord to construct an additional structure?
Q3.Under Section 23 of The delhi rent control act, 1958, who has the authority to resolve a dispute when a tenant refuses to allow a landlord to make improvements to a rented building?
Q4.Under Section 23 of The delhi rent control act, 1958, what is required of the landlord regarding their state of preparation before the Rent Controller can grant permission to construct?