A.N.Grover, J. - (1.) This judgment will dispose of Civil Writ No. 432 of 1958 which has been referred to a Division Bench by Bishan Narain J. by his order dated 18-11-1958 and the connected petitions (Civil Writs Nos. 64-D, 203-D, 274-D, 426-D and 584-O of 1959).
(2.) The only point that requires decision is whether any appeal is competent under the Slum Areas (Improvement and Clearance) Act 1956, against an order made by the competent authority under S. 19 of that Act granting permission to execute a decree for eviction granted in favour of the landlord against the tenant under the provisions of the Delhi Rent Restriction Act.
(3.) The aforesaid Act was enacted to provide for the improvement and clearance of slum areas and for the protection of tenants from such areas from eviction. The Act is divided into various chapters. Chapter I is preliminary. Chapter II contains provisions relating to declaration of slum areas. Chapter III deals with slum improvement. Chapter IV relates to slum clearance and redevelopment. Chapter V provides for acquisition of land. Chapter VI is headed, 'Protection of tenants in slum areas from eviction' and it consists of three sections only. Chapter VII contains miscellaneous provisions. It will be useful now to set out Ss. 19 and 20 appearing in Chapter VI. "19 TENANTS IN SLUM AREAS NOT TO BE EVICTED WITHOUT PERMISSION OF THE COMPETENT AUTHORITY.--(1) Notwithstanding anything contained in any other law for the time being in force, no person who has obtained any decree or order for the eviction of a tenant from any building in a slum area shall be entitled to execute such decree or order except with the previous permission in writing of the competent authority. (2) Every person desiring to obtain the permission referred to in sub s. (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 tenant of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing either grant such permission or refuse to grant such permission. (4) 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. 20. APPEALS--Any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-s. (1) of S. 19 may, within such time as may be prescribed, prefer an appeal to the Administrator and the decision of the Administrator on such appeal shall be final." Section 30 which appears in the chapter containing miscellaneous provisions is in the following terms: "30. APPEALS-(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued or given by the competent authority may appeal to the Administrator within a period of thirty days from the date of issue of such notice, order or direction. (2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice order or direction appealed against. (3) On the admission of an appeal all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and if the notice, order or direction is et aside on appeal, disobedience thereto shall not be deemed to be an offence. (4) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner. (5) The decision of the Administrator on appeal shall be final and shall not be questioned in any Court.";