Shah, J. - (1.) In these appeals, only question involved is whether factors laid down in Section 19(4) of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter referred to as "the Act") are to be read as cumulatively or alternatively. The full bench of the Delhi High Court (supra) has interpreted the aforesaid sub-section (4) and has arrived at the conclusion that the conditions mentioned in clauses (a) and (b) of Section 19 (4) of Act were conditions in the alternative and did not have to be read cumulatively. The Court also, inter-alia, held as under :-"That the principal objective of the Act being clearance of slums and Prevention and creation of slums, if in a given case the demolition or re-erection or reconstruction of a building or a set of buildings was necessary in the interest of slum clearance or improvement, the poverty of the tenant even if established would not debar the competent authority from granting permission. The competent authority in considering the application for grant of permission moved by a landlord has to look at the matter from the point of view of the tenant and not from the point of view of the landlord, ever keeping in mind the objectives sought to be achieved by the Act."
(2.) The aforesaid order is under challenge before this Court.
(3.) For appreciating the contentions raised by the appellant, it would be necessary to refer to Section 19 of the Act which is as under:- "Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority,- (a) institute, after the commencement of the Slum Areas (Improvement and Clearance) Amendment Act, 1964 any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order. 2. Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed. 3. On receipt of such application, the competent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall be order in writing, either grant or refuse to grant such permission. 4. In granting or refusing to grant the permission under sub-section (3), the competent authority shall take into account the following factors, namely:- (a) Whether alternative accommodation within the means of the tenant would be available to him if he were evicted. (b) Whether the eviction is in the interest of improvement and clearance of the slum areas; (c) Such other factors, if any, as may be prescribed. 5. Where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant." ;