B.

GROUNDS OF EVICTION UNDER THE DELHI RENT CONTROL ACT, 1958

Section 14 of the Delhi Rent Control Act, 1958 provides for various grounds available to a landlord for evicting a
tenant. The landlord cannot evict any tenant without any valid reason. The circumstances under which a tenant can
be evicted are mentioned below, but in those cases also the landlord has to make an application to the Controller for
the recovery of the possession on the below mentioned grounds:-

Section 14 (1) (a) The tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable
from him within two months of the date on which a notice of demand for the arrears of rent has been served on him.

Section 14 (1) (b)Without obtaining the consent of the landlord in writing, the tenant has sub-let, assigned or parted
with the possession of the premises.

Section 14 (1) (c) That the tenant has used the premises for purpose other than that for which they were let- (i) If the
premises have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the
landlord(ii) If the premises have been let before the said date without obtaining his consent;

Section 14 (1) (d) The premises were let for use as a residence and neither the tenant nor any member of his family
has been residing therein for a period of six months immediately before the date of the filing of the application for
the recovery of possession thereof.

Section 14 (1) (e) That the premises let for residential purposes are required bona fide by the landlord for occupation
as a residence for himself or for any member of his family dependent on him, if he is the owner thereof, or for any
person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable
residential accommodation.

Section 14 (1) (f) The premises have become unsafe or unfit for human habitation and are required bona fide by the
landlord for carrying out repairs which cannot be carried out without the premises being vacated.

Section 14 (1) (g) The premises are required bona fide by the landlord for the purpose of building or re-building or
making thereto any substantial additions or alterations and that such building or re-building or addition or alteration
cannot be carried out without the premises being vacated

Section 14 (1) (hh) That the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988,
built a residence and ten years have elapsed there-after;

Section 14 (1) (i) The premises were let to the tenant for use as a residence by reason of his being in the service or
employment of the landlord, and that the tenant has ceased, to be in such service or employment.

Section 14 (1) (j) That the tenant has, whether before or after the commencement of this Act, caused or permitted to
be caused substantial damage to the premises;

Section 14 (1) (k) That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner
contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the
Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situated.

Section 14 (1) (l) The landlord requires the premises in order to carry out any building work at the instance of the
Government or the Delhi Development Authority or the Municipal Corporation of Delhi in pursuance of any
improvement scheme or development scheme and that such building work cannot be carried out without the
premises being vacated

C.DISPUTE.SETTLEMENT.MECHANISMS
Appointment of Controllers and additional controllers (sec. 35) 1. The central government may be, by notification in
the official Gazette, appoint as many controllers as it thinks fit, and define the local limits. 2. The central government
may also, by notification in the official gazette, appoints as many additional controllers as it thinks fit and an
additional controller shall perform such of the functions of the controller. 3. A person shall not be qualified for
appointment as a controller or an additional controller, unless he has for at least five years held a judicial office in
india or has for at least seven years been practicing as an advocate or a pleader in india. POWERS OF CONTROLLER
(section 36) 1. the controller may- (a) transfer any proceeding pending before him for disposal to any additional
controller (b) withdraw any proceeding before any additional controller and dispose it of himself or transfer the
proceeding for disposal to any other additional controller. 2. the same powers as are vested in a civil court under the
CPC , 1908 (a) summoning and enforcing the attendance of any person and examining him on oath (b) requiring the
discovery and production of documents (c) issuing commissions for the examination of witnesses (d) any other matter
which may be prescribed. 3. purpose of holding any inquiry or discharging any duty (a)24 hours notice in writing enter
and inspect or Authorize any officer at any time between sunrise and sunset. (b) by written order, to produce for such
accounts, books or other documents relevant inquiry at such time and at such place as may be specified in order. 4.
Appoint one or more persons having special knowledge of the matter under consideration. APPEAL TO THE
TRIBUNAL (sec. 38) 1. an appeal shall lie from every order of the controller made under this act to the rent control
tribunal thereinafter consisting of one person only to be appointed by central government by notification in the
official gazette. 2 an appeal under sub section 1 ) shall be preferred within thirty days from the date of the order
made by the Controller:Tribunal may entertain the appeal after the expiry of the said period of thirty days, if it is
satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 3.The Tribunal shall have
all the power vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal. 4.
Without prejudice to the provisions of sub-section (3), the Tribunal may, on an application made to it or otherwise, by
order transfer any proceeding pending before any Controller or additional Controller to another Controller or
additional Controller and the Controller or additional Controller to whom the proceeding is so transferred may,
subject to any special directions in the order of transfer, dispose of the proceeding. 5 A person shall not be qualified
for appointment to the Tribunal, unless he is, or has been a district judge or has for at least ten years held a judicial
office in India. Amendment of orders (section 40) Clerical or arithmetical mistakes in any order or errors accidental
slip or omission may, be corrected by the Controller or an application received in this behalf from any of the parties
or otherwise. section 42 Controller to exercise powers of civil court for execution of other orders.- Act shall be
executable by the Controller as a decree of a civil court and for this purpose, the Controller shall have all the powers
of a civil court. section 43 Finality of order.- every order made by the Controller or an order passed on appeal under
this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
Procedure for settlement of rent disputes *A Rent Court shall have the jurisdiction to hear and conclude an
application regarding rental disputes between a tenant and an owner. The former, to discharge its function under
MTA, 2021, will have the same powers as bestowed upon a Civil Court by the Code of Civil Procedure, 1908.* Matters
regarding the question of ownership and the title of premises shall be beyond the jurisdiction of the Rent Court. A
Rent Court has to hear and conclude a case within a time limit of 30 days from the date of receipt of the case
application. In the event of a failure to do so, the concerned Court will have to record the reasons for the same, in
writing. *The party unsatisfied with the final order passed by the Rent Court can file an appeal to the Rent Tribunal
concerned. This appeal has to be filed within thirty days post the conclusion of the case. The said Tribunal will have to
fix a date and dispose of the appeal within 30 days and 120 days, respectively, post receipt of the said appeal. The
Rent Tribunal has the power to set aside, confirm or modify a final order passed by a Rent Court. A Rent Court, after
completion of all hearings for an application, shall execute a final order by adopting one or more of the following
modes:-The person in whose favour the decision has been made shall be granted possession (no title change) of the
concerned premises.-The person against whom the decision has been made shall have one or more of his/her bank
accounts attached, and the payable amount will be stated.-The appointment of an advocate, or any other qualified
person from the local administration, local body, or from a Rent Court itself, shall be made for seeing through the
execution of the said Court’s final order.

UNIT-3

-REAL ESTATE DEVELOPMENT AND APARTMENT OWNERSHIP REAL ESTATE (REGULATION AND DEVELOPMENT) ACT,
2016 Real Estate (Regulation and Development) Act (RERA) is an act passed by the Parliament in 2016 that came into
effect fully from 1st May, 2017. It seeks to protect home-buyers as well as help boost investments in the real estate
sector by bringing efficiency and transparency in the sale/purchase of real estate. The Act establishes Real Estate
Regulatory Authority (RERA) in each state for regulation of the real estate sector and also acts as an adjudicating body
for speedy dispute resolution.

Need for the RERA - Real estate sector had been largely unregulated, no standardization of business practices and
transactions. - Prevalence of issues like delays, price, quality of construction. Delays in projects had been a major
issue plaguing real estate sector- huge cost overrun due to delays. - Numerous instances where developers cheated
property buyers. - No grievance redressal mechanism. - Huge generation of black money in real estate sector.
Objectives of RERA - Enhance transparency and accountability in real estate and housing transactions. - Boost
domestic and foreign investment in the real estate sector. - Provide uniform regulatory environment to ensure
speedy adjudication of disputes. - Promote orderly growth through efficient project execution and standardization. -
Offer single window system of clearance for real estate projects. - Empower and protect the right of home buyers.

Drawbacks of the Real Estate (Regulatory and Development) Bill, 2013 It does not enumerate any difference
between the Residential Real Estate and Commercial Real Estate. - Some projects in the Real Estate with certain
investors or stakeholders do not come under the category of this Bill./ They are:  Government agencies/authorities
at Centre, State and Municipal level;  Financing agencies like Bank/Financial Institutions  Brokers, Underwriters and
Bulk Purchasers  It also does not provide any tool for transferring the booking during the construction time  It fails
to provide any additional securities for the retail purchasers.

Key Provisions of Real Estate Regulation Act

Establishment of state level regulatory authorities- Real Estate Regulatory Authority (RERA): The Act provides for
State governments to establish more than one regulatory authority with the following mandate:
- Register and maintain a database of real estate projects; publish it on its website for public viewing,
Protection of interest of promoters, buyers and real estate agents
Development of sustainable and affordable housing,
Render advice to the government and ensure compliance with its Regulations and the Act.
 Establishment of Real Estate Appellate Tribunal- Decisions of RERAs can be appealed in these tribunals. Mandatory
Registration: All projects with Plot size of minimum 500 sq.mt or eight apartments need to be registered with
Regulatory Authorities. Deposits: Depositing 70% of the funds collected from buyers in a separate escrow bank
account for construction of that project only. Liability: Developer’s liability to repair structural defects for five years.
Penal interest in case of default: Both promoter and buyer are liable to pay an equal rate of interest in case of any
default from either side

Benefits of RERA: Timely delivery of flats - Developers often make false promises about the completion date of the
project, but hardly ever deliver. - Strict regulations will be enforced on builders to ensure that construction runs on
time and flats are delivered on schedule to the buyer. /If the builder is not able to deliver the flats on time, he/she
will have to refund the purchaser with interest./ Furnishing of accurate project details: - In the construction stage,
builders promote their projects defining the various amenities and features that will be part of the project. But not
everything goes as per plan, with several features missing./ As per the Act, there can't be any changes to a plan. - And
if a builder is found guilty of this, he/she will be penalized 10% of the project’s costs or face jail time of up to three
years. Specifying carpet area: - Generally, builders sell flats on the basis of built-in area, which includes a common
passage area, stairs and other spaces which are 20-30% more than the actual flat’s area. - But, not all buyers are
aware of the concept of carpet area. - With this Act it will become mandatory to declare the actual carpet area. All
clearances are mandatory before beginning a project: - Builders often attract buyers with huge discounts and pre-
launch offers. And, the buyer, enticed by the offers, does not bother about the clearance. - But, due to delays in
getting clearance, the buyer does not get the flat on time. - This Act ensures that developers get all the clearances
before selling flats. Each project should have a separate bank account: - Developers raise funds through pre-launch
offers and use them to purchase some other land or invest it in other projects. - This Act will make it compulsory that
a separate bank account be maintained for each project. - Each transaction will have to be recorded, and diversion to
another project will not be entertained. After sales service: - As per an interesting clause in the Act, if the buyer finds
any structural deficiency in the development of the building, the buyer can contact the builder for after sales service.
- But, the buyer should approach the builder within 5 years of purchase to rectify such defects without further
charges.

B. THE DELHI APARTMENT OWNERSHIP ACT, 1986 –

The construction of multi-storied apartment buildings in Delhi has been a constant affair throughout the region’s
history post-independence. Being the national capital, Delhi has attracted people from both within the country and
abroad, primarily because of the lucrative business and investment opportunities on offer in this region. This has
resulted in a strong demand for living in apartment buildings and complexes. In the past, the regular construction of
apartments in Delhi used to cause avoidable litigation, as the rights and obligations of the apartment owners and
associations weren’t set in stone, legally. So in the year 1986, the Delhi apartment ownership Act was drafted and
passed by the parliament. The Act clarifies the rights and obligations of apartment owners, such as in relation to
inheritance, restrictions on transfers like mortgage and sale, and the right to common areas and facilities. Important
Terms used in the Act:
Administrator: An Administrator is an authority appointed to the union territory of Delhi, by the President of India, as
mandated by the Article 239 of the constitution. Authority: An authority is one who is established or constituted
under a law.

Bye-Laws: Bye-laws are laws made under the Delhi Apartment Ownership Act, 1986.

Common Areas and Facilities: Common Areas and Facilities constitutes the land on which the multi-storied apartment
building is located, the gardens, basements, cellars, parking areas, and any other such creations, and all the structural
elements like lobbies, corridors, fire_escapes, and beams and columns. Common Expenses and Common Profits:
Common expenses are sums of money, lawfully assessed against the apartment owners, which go into
administration, repair, and maintenance or for modifying common areas and facilities. After the deduction of the
common expenses, what’s left after balancing all the incomes and profits are the common profits.

The Key Features Of The Act Applicability of the Act - The Delhi

Apartment Ownership Act, 1986 is applicable to all multi-storied apartment buildings, with at least two stories and
four units, constructed by any group housing cooperative society, person, or authority, before or after the
commencement of the Act./The Act is applicable to the whole of the union territory of Delhi. - Bye Laws to be framed
as per administrator’s Model Laws - The bye-laws framed by any association of apartment owners should be exactly
in accordance with the model bye-laws framed by the Administrator. In case the association wishes to make any
changes, the members of the association require a prior approval from the Administrator. Apartments to be heritable
and transferable According to the Act, every apartment, including its common areas and facilities, will be a
transferable and heritable immovable property. The apartment owner can transfer his apartment and his share of the
non-partitioned common areas and facilities by way of lease, mortgage, sale, exchange, or gift. Common Areas and
Facilities to be used by all apartment owners for intended purposes all common areas and facilities will be available
for use by all apartment owners. The common areas and facilities will not be divided or partitioned. Each apartment
owner will use it for the purpose that it’s intended for, without hindering or encroaching uponanother apartment
owner’s right to use the space. TheCommon Profits and Expenses to be shared in a certain proportion - The profits
will be distributed, and the expenses charged, to all the apartment owners in proportion of the percentage of the
undivided interest they hold in the common areas and facilities. - Sometimes it so happens that the apartment owner
isn’t an occupant of his or her apartment.

UNIT-1

Land Reforms in India

Land tenure reforms are the only ones covered by the term “land reforms.” The Latin word “teneo,” from which the
term “tenure” is derived, means “to hold.” Thus, the term “land tenure” is used to describe the circumstances
surrounding the ownership of land. Since they aim to end exploitative relationships marked by stark inequalities
between wealthy landowners and destitute peasants without security of tenure, land reforms are seen as a tool for
social justice.
By placing limits on the extent of holdings that a family can acquire, it takes a step against the accumulation of
landholdings in the hands of a small number of absentee/non-cultivating proprietors. Although redistribution of land
is the common understanding of land reforms, their scope is far broader. They primarily consist of five:
1.Eliminating intermediate tenures;2.Rent reforms;3.Distribution of surplus land and a ceiling on land
holdings;4.Holdings consolidation; and5.Gathering and maintaining land records.
Reasons of Land Reforms in India
India’s state policy has always included land distribution. The elimination of the Zamindari system was maybe the
most significant land policy in independent India (feudal landholding practices). India’s land-reform programme had
two main goals: “The first is to remove such impediments to increase in agricultural productivity that result from the
agrarian structure inherited from the past. The second goal, which is closely related to the first, is to eradicate all
forms of social injustice and exploitation within the agrarian system, to protect those who work the soil and
guarantee equality of opportunity and status for all groups of rural residents.
Land Reforms in India had the following objectives:
1.Redistribution of land so that it is not controlled by a small number of individuals.2.A land ceiling that distributes
surplus land to marginal and small farmers.3.The reduction of rural poverty.4.Elimination of middlemen
Tenancy reforms5.Increasing production in agriculture.5.The consolidation of land ownership and the avoidance of
fragmentation of the land6.Promoting cooperative agriculture.7.To promote economic parity and social equality.
8.Tribal protection by preventing outsiders from claiming their ancestral lands.9.Land reforms were also implemented
for industrial and commercial growth.
Impact of Land Reforms in India
1.Elimination of Middlemen such as Landlords
Zamindars and Jagirdars, two strong classes, vanish from existence. This lessened the exploitation of the peasants
because they now owned the land they farmed. The Zamindars, who used numerous strategies to get around the law,
bitterly opposed this action. They used their relatives’ names when registering their own land. In order to prevent
renters from acquiring incumbency rights, they routinely moved tenants among other land parcels.
2.Land Ceiling
A family or individual was only allowed to own a certain amount of land, making it somewhat possible to distribute
land fairly. The land reforms would not have been at least partially effective if only landlords were abolished and
there was no land ceiling. The existence of the land ceiling prevented wealthy farmers or higher-class tenants from
assuming the role as new avatar Zamindars.
3.Possessing Land
Land is a source of social stature in addition to economic wealth. Prior to the implementation of land reforms, it was
not required to keep ownership documents. Additionally, it is required to record all tenancy agreements.
Advantages of Land Reforms in India
1.After intermediaries were eliminated, nearly 2 crore tenants became owners of the land they farmed.
2.A parasitic species has become extinct as a result of the removal of middlemen.3.The government has taken over
more land to give to farmers who lack access to land.4.Private woodlands and substantial tracts of arable wasteland
that belonged to the intermediaries are now mostly owned by the State.5.After the law was repealed, cultivators had
direct communication with the government.
Disadvantages of Land Reforms in India
1.Sharecropping, landlordism, and other institutions survived in many places despite the end of the zamindari.
2.Only the top layer of landlords was removed from the multi-layered agricultural structure.3.It led to widespread
evictions.4.There are several social, economic, administrative, and legal problems as a result of mass eviction.
Agrarian Relations in Pre-Independent India Land ownership and tenurial structure underwent important changes
during the British period. Agrarian structure in different regions displayed considerable diversity. In Eastern India,
landlords owned the bulk of land. In Ryotwari areas of Madras and Bombay presidencies, considerable peasant
proprietorship existed. Elsewhere, conditions ranged between these two types of situations. The thrust of the British
revenue settlements had often been to consolidate middlemen’s claims into landlord-ship. Commercialisation
reinforced this impulse. As agricultural prices rose, landlords and moneylenders bought peasant held lands. The
peasants who thus lost land were not, necessarily, driven out of land. The old peasants cultivated their sold plots as
tenants on a crop sharing basis.

HISTORY The British were formally granted revenue-collection rights in these areas in 1765. % Land Tenure Systems
during the British Rule in India  The Zamindary System: The Permanent Settlement: This system created landlords
that were entrusted with the responsibility of collecting rent from the cultivators. The zamindars were used to act as
intermediaries between the cultivators and the state. On any failure to discharge their obligations, the estates of the
zamindars were liable to be sold by the government for the realization of their dues.  The Ryotwari System: The new
system proceeded to make a revenue settlement directly with the tenants or cultivators, not permanently, but
temporarily without any need of creating the zamindars.  The Mahalwari System: Under this system, the whole
village was treated as a unit and the village lands were held jointly by the village communities. “Primarily each man
cultivates and pays for himself but ultimately, he is responsible for his co-villagers and them for him; they are
ultimately bound together by a joint responsibility Outcomes of landowning systems during the colonial era 
Extreme peasant indebtedness due to sky-high tax rates.  Creation of a class of rich few who mostly exploited the
poor peasant.  Peasants lived in constant fear of eviction.  Poverty was entrenched into the farmer class.
Land Reforms %When India adopted socialistic principles after independence, equality in all spheres – social,
economic and political was envisioned. Land reforms became essential steps towards social and economic equality as
land was a fundamental asset needed for the healthy development of an individual. Thus major objective of land
reforms in free India was to abolish intermediaries and to bring changes in the revenue system that would be
favourable to cultivators. As per the Indian constitution, land reform comes under the list of state subjects, and hence
the responsibility for bringing up regulations for effecting land reforms lied with individual states.  Zamindari
abolition Acts:The first important agrarian reform after independence was the abolition of the Zamindari system. It
act aimed at removing layer of intermediaries who stood between the cultivators and the state. The it succeeded in
taking away the superior rights of the zamindar’s over the land, weakening their economic and political power and
strengthening the actual landholders, the cultivators.

Constitutional Provisions on Agrarian Reforms The government after achieving independence wanted to bring about
several changes in the Agricultural field. The agrarian reform policy was one of the main facets of the social and
economic restructuring of Indian society as well as with the view of enforcing the Guidelines on the preservation of
social and economic justice for those employed on the land. Fundamental rights (Part-III) and Directive Principals of
state policy (Part-IV) are provided in the Constitution of India. %Article 23 and Article 48 of the Constitution of India
have abolished Begar or forced unpaid labour in India and have directed the state to organise agriculture and animal
husbandry on a modern-scientific basis respectively.% Article 38 specifies that States shall encourage the welfare of
the population by maintaining and supporting it as efficiently as possible. A constitutional order in which the
institution of national life is reformed by justice, social, economic and democratic. In specific, that it aims to minimise
income inequality. %Article 39 provides that the State shall direct its policy towards protecting the possession and
management of the material resources of the Society and administer them as best it can to support the common
good and, at the same time, to ensure that the economic structure does not contribute to an accumulation of capital
and means of production at the common expense.
Constitutional Amendments on Agrarian Reforms In the case of State of Bihar v. Kameshwar Singh, The Supreme
Court acknowledged that the land reform law of Bihar was consistent with the values of the state policy of the
Directive to pursue social justice.
Article 31A and 31B enacted by the Constitution (First Amendment) Act, 1951was supplemented by a more detailed
Article by the Constitution (Fourth Amendment) Act, 1955. These reforms abolished the Jagirdars, Zamindars and
other feudal tenures replacing it with a more favourable system. The states now have the right to take over the
management of any land from within the boundaries of the State for a limited amount of time, either in the public
interest or to ensure proper care of the land.
The Constitution (Seventh Amendment) Act, 1964, further clarified the concept of estate to include any property held
under the Ryotwari settlement, any property held or disposed of for agricultural purposes or any ancillary thereto,
including waste land, forest land, land for pasture or building sites and other settlements inhabited by agricultural
labourers and village artisans.
The Constitution (Forty-fourth Amendment) Act, 1978, provided that the right to property is no longer a fundamental
right and Article 300-Awas inserted which states that no person shall be deprived of his property except by the force
of law. Along with the omission of Article 19(1) (f)\ and Article 31 would imply that the distinction made between
people and non-citizens with regard to property has been excluded from Article 19(1)(f). The omission of Article 31
also contradicts the system introduced by our constitution for the compulsory purchase of land.
The provision in Article 31 A (1) (a) is not adequate to protect all measures of land reforms and further amendment of
the provision called for. Hence, the Constitution (Seventh Amendment) Act, 1964 by which the definition of estate
was further explained to include any land held under Ryotwari settlement.