Section 23 of Delhi Rent Control Act 1958 - Permission to Construct Additional Structures

Section 23 of the Delhi Rent Control Act, 1958 deals with a landlord's request to make an improvement in a tenanted building or to construct an additional structure when the tenant refuses to permit the proposed work. The provision empowers the Controller to permit the work if the statutory conditions are satisfied.

In brief: A landlord cannot rely merely on a desire to alter a tenanted building. Where the tenant refuses permission, the landlord may apply to the Controller. The Controller must be satisfied that the landlord is ready and willing to commence the work and that the proposed work will not cause undue hardship to the tenant.

Text of Section 23

Section 23 - Permission to construct additional structures.

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.

Meaning and Scope of Section 23

The section creates a statutory procedure for resolving a dispute between a landlord and tenant concerning improvements or additional construction in a building that has already been let. It does not automatically authorize the landlord to proceed after a tenant objects. Instead, the landlord may seek permission from the Controller.

Who is the Controller?

Under Section 2(b) of the Delhi Rent Control Act, 1958, the term "Controller" means a Controller appointed under Section 35(1) and includes an Additional Controller appointed under Section 35(2). In a proceeding under Section 23, the Controller examines whether the statutory requirements for permitting the proposed work are met.

Conditions for Permission Under Section 23

On the language of Section 23, the following elements are relevant to an application:

What Does "Undue Hardship" Mean?

Section 23 does not provide a separate definition of "undue hardship." The Controller must therefore consider the circumstances of the particular case while applying the statutory test. Relevant facts may include the nature and extent of the proposed work, its effect on the tenant's use and occupation of the premises, and the practical inconvenience or disruption likely to result. The statutory question is not whether there will be any inconvenience, but whether the proposed work will cause undue hardship.

Power of the Controller

If the Controller is satisfied about the requirements stated in Section 23, the Controller may permit the landlord to carry out the work. The section also authorizes the Controller to make such other order as may be considered appropriate in the circumstances of the case. The word "may" indicates that the statutory power is exercised on the facts and circumstances placed before the Controller.

Section 23 and Other Legal Permissions

Important: Permission under Section 23 addresses the landlord-tenant issue under the Delhi Rent Control Act, 1958. Construction or structural work may separately require compliance with applicable building, planning, municipal, safety or other laws. A Section 23 order should not be treated as a substitute for any separate statutory approval required for the proposed work.

Official Text of the Delhi Rent Control Act, 1958

The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958, enacted on 31 December 1958. For the official statutory text and amendments incorporated in the official compilation, refer to India Code.

Official Delhi Rent Control Act, 1958 - India Code

Practical Summary

Section 23 balances the landlord's ability to improve or add to a tenanted building with protection against undue hardship to the tenant. When the tenant refuses to permit the work, the landlord may approach the Controller. Permission depends on the Controller being satisfied about the landlord's readiness to commence the work and the absence of undue hardship to the tenant.