Section 25C of Delhi Rent Control Act, 1958: Special Rules for Certain Landlords
Section 25C, titled Act to have effect in a modified form in relation to certain persons, changes how two restrictions under Section 14 operate for specified landlords who must vacate government or local authority allotted residential accommodation because they own a residence in Delhi.
Text of Section 25C
Section 25C(1) - Exception to Section 14(6)
Nothing contained in sub-section (6) of section 14 shall apply to a landlord who, being a person in occupation of any residential premises allotted to him by the Central Government or any local authority is required by, or in pursuance of, an order made by that Government or authority to vacate such residential accommodation, or, in default, to incur certain obligations, on the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependent child in the Union territory of Delhi.
Section 25C(2) - Modification of Section 14(7)
In the case of a landlord who, being a person of the category specified in sub-section (1), has obtained, on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A, an order for the eviction of a tenant from any premises, the provisions of sub-section (7) of section 14 shall have effect as if for the words "six months", occurring therein, the words "two months" were substituted.
Who qualifies under Section 25C?
The special treatment applies where the landlord occupies residential accommodation allotted by the Central Government or a local authority and is ordered to vacate it, or faces specified consequences for not doing so, because a residential property in Delhi is owned in the landlord's own name or in the name of the landlord's wife or dependent child. The existence and terms of the relevant allotment and order are therefore important.
Meaning and effect of the legal provisions
Section 14(6): Five-year restriction
Ordinarily, Section 14(6) prevents a landlord who has acquired premises by transfer from applying for eviction under Section 14(1)(e) until five years have elapsed from acquisition. Section 25C(1) removes that particular restriction for landlords meeting its conditions. It does not dispense with other applicable legal requirements or automatically grant eviction.
Section 14(1)(e): Bona fide requirement
Clause (e) of the proviso to Section 14(1) concerns eviction on the basis of bona fide requirement of the premises by the landlord for occupation, subject to the statutory conditions, including the absence of other reasonably suitable accommodation. Section 25C(2) applies to qualifying landlords obtaining eviction orders on this ground or under Section 14A.
Section 14A: Recovery of possession by certain allottees
Section 14A provides a special right to recover possession where a landlord is required to vacate government or local authority allotted housing because of ownership of residential accommodation in Delhi, subject to its conditions and limits.
Section 14(7): Waiting period reduced to two months
Section 14(7) generally provides that an order for recovery of possession on the ground under Section 14(1)(e) shall not be executed before six months from the date of the order. For the category covered by Section 25C, the statutory reference to six months is read as two months where the eviction order is obtained under Section 14(1)(e) or Section 14A. This is a modification of the execution waiting period, not a guarantee of immediate physical possession.
Chapter IIIA and legislative history
Chapter IIIA, comprising Sections 25A to 25C, was inserted by Section 6 of the Delhi Rent Control (Amendment) Act, 1976 (Act 18 of 1976), with effect from 1 December 1975. Section 25A provides overriding effect to the special chapter, while Section 25B lays down a special procedure for specified eviction applications.
Official statutory reference
For the full Act and related provisions, consult the Delhi Rent Control Act, 1958 on India Code (official PDF) or the Ministry of Housing and Urban Affairs publication. The application of these provisions depends on the facts, amendments and applicable judicial decisions.