Section 24 of Delhi Rent Control Act 1958 - Special Provision Regarding Vacant Building Sites

Section 24 of the Delhi Rent Control Act, 1958 provides a special procedure where rented premises comprise vacant land on which construction is permissible under the applicable building regulations or municipal bye-laws. If the statutory conditions are satisfied, the Controller may sever that vacant land from the remaining premises and place the landlord in possession for construction.

Key point: Section 24 begins with a non-obstante clause - "Notwithstanding anything contained in section 14". It therefore creates a specific statutory mechanism concerning buildable vacant land forming part of let premises, subject to the safeguards and conditions contained in Section 24.

Section 24 - Special provision regarding vacant building sites

Notwithstanding anything contained in section 14, where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal bye-laws, for the time being in force, to erect any building, whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him 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 the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Controller may--

  1. direct such severance;
  2. place the landlord in possession of the vacant land;
  3. determine the rent payable by the tenant in respect of the rest of the premises; and
  4. make such other order as he thinks fit in the circumstances of the case.

What Section 24 means

The provision applies where a tenancy includes vacant land capable of supporting construction under the building regulations or municipal bye-laws then in force. The landlord must propose to erect a building and must first be unable to obtain possession of that land by agreement with the tenant.

Possession does not follow automatically. The landlord must apply to the Controller. The Controller must be satisfied that the landlord is ready and willing to commence the proposed work and that separating the vacant land from the rest of the rented premises will not cause undue hardship to the tenant.

Conditions for an order under Section 24

  • The let premises must comprise vacant land.
  • Construction on that vacant land must be permissible under the building regulations or municipal bye-laws in force.
  • The landlord must propose to erect a building, whether residential or for another purpose.
  • The landlord must be unable to obtain possession of the land by agreement with the tenant.
  • An application must be made to the Controller.
  • The Controller must be satisfied that the landlord is ready and willing to commence the work.
  • The proposed severance must not cause undue hardship to the tenant.

Powers of the Controller under Section 24

After the statutory requirements are satisfied, the Controller may direct severance of the vacant land, place the landlord in possession of that land, determine the rent payable by the tenant for the portion of the premises that remains with the tenant, and make any other order considered appropriate in the circumstances.

Meaning of important terms and connected provisions

Section 14 - Protection of tenant against eviction

Section 14 contains the Act's principal protection against recovery of possession except on statutory grounds. Section 24 expressly operates notwithstanding Section 14 for the particular situation covered by Section 24.

Controller

Section 2(b) defines "Controller" as a Controller appointed under Section 35(1), and includes an additional Controller appointed under Section 35(2). The application contemplated by Section 24 is therefore an adjudicatory proceeding before the statutory Controller.

Premises

Section 2(i) defines "premises" as a building or part of a building let, or intended to be let separately, for residential, commercial or other use, and includes the garden, grounds and outhouses appertaining to it and specified furniture supplied by the landlord. The definition excludes a room in a hotel or lodging house.

Undue hardship to the tenant

Section 24 expressly requires the Controller to consider whether severing the vacant land from the rest of the premises would cause undue hardship to the tenant. This is a statutory safeguard that must be considered before severance and possession are ordered.

Procedure before the Controller

Section 37 provides a general procedural safeguard for proceedings under the Act: an order prejudicially affecting a person is not to be made without a reasonable opportunity to show cause and consideration of the objections and supporting evidence. This procedural requirement is relevant when relief under Section 24 is sought.

Practical effect of Section 24

Section 24 balances the landlord's proposed development of legally buildable vacant land against the tenant's continued enjoyment of the remainder of the premises. The Controller can therefore separate the vacant portion while preserving the remaining tenancy and determining the rent payable for that remainder.

Official legal resource

For the authoritative statutory material and current amendments, refer to the India Code portal and search for the Delhi Rent Control Act, 1958 (Act 59 of 1958).