Ayyangar, J. - (1.) These three petitions have been filed invoking the jurisdiction of this Court under Art. 32 of the Constitution challenging the constitutionality of S. 19 and particularly sub-sec. 3, of the Slum Areas (Improvement and Clearance) Act, 1956 (Central Act 96 of 1956), on the ground that it offends the fundamental right of the petitioners guaranteed to them by Arts. 14 and 19(1)(f).
(2.) To appreciate the grounds on which this contention is sought to be sustained it is necessary to set out briefly a few facts. We might however mention that though the constitutional objection, adverted to is common to all the three petitions, it is sufficient to refer to the facts of the case in Writ Petition No. 67 of 1959 which is typical of the cases before us.
(3.) The petitioner-Jyoti Pershad-is the owner of a house in Delhi in which respondents 3 to 11 were tenants. Each of these nine individuals occupied a single room in this house. As the petitioner considered the house to be old and required to be demolished and reconstructed, he submitted a plan to the Council of the Delhi Municipal Committee and applied for sanction for the reconstruction of the house. The plan was sanctioned and thereafter the petitioner filed suits against these nine tenants under S. 13(1)(g) of the Delhi and Ajmer Rent Control Act 38 of 1952 (which will hereafter be referred to as the Rent Control Act). The suits were resisted by the tenants. Two matters had to be proved under S. 13(1)(g) of the Rent Control Act by a plaintiff before he could obtain an order of eviction:(i) that there was a plan which had been sanctioned by the municipal authorities which made provision for the tenants then in occupation of the house being accommodated in the house as reconstructed, and (ii) that the plaintiff had the necessary funds to carry out the reconstruction. The plan which had been approved by the Delhi Municipal Committee made provision for the construction of a double-storeyed building with twelve rooms which was, therefore, more than ample for the nine tenants for whom accommodation had to be provided. The plaintiff also established that he had deposited cash in the State Bank of India sufficient for reconstructing the house as sanctioned in the plan. On December 8, 1956, the Civil Court in Delhi passed decrees in favour of the petitioner for the eviction of respondents 3 to 11. Section 15 of the Rent Control Act enacted: "15. 1. The Court shall, when passing any decree or order on the ground specified in cl. (f) or cl. (g) of the proviso to sub-sec. (1) of S. 13, ascertain from the tenant whether he elects to be places in occupation of the premises or part thereof, from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the decree or order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building as the case may be. 2. If the tenant delivers possession on or before the date specified in the decree or order, the landlord shall, on the completion of the work of repairs or building or re-building, place the tenant in occupation of the premises or part thereof. 3. If, after the tenant has delivered possession on or before the date specified in the decree or order the landlord fails to commence the work of repairs or building or re-building, within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the, tenant in occupation of the premises in accordance with sub-sec. (2), the Court may, on the application of the tenant made within one year from the specified date, order the landlord to place the tenant in occupation of the premises or part thereof on the original terms and conditions or to pay to such tenant such compensation as may be fixed by the Court." The tenants, however, refused to give up possession within the three months time granted to them by the decrees to vacate the premises but went up in appeal against the orders of eviction under S. 34 of the Rent Control Act to the Senior Sub-Judge, Delhi. These appeals were finally disposed of against the tenant-appellants, some on the merits and some by reason of abatement, by the end of October, 1957. Under the rules governing the construction of houses on plans sanctioned by the Delhi Municipal Committee, the sanctioned building had to be completed within a period of one year from the date of sanction. As a result of this rule the sanction obtained by the petitioner lapsed and he had, therefore, to obtain fresh sanction if in consequence of his success in the appeals before the Senior Sub-Judge he still desired to demolish and reconstruct the building.;