Protection Of Long-Standing Tenants Against Eviction And Displacement Arising From....
Protection Of Long-Standing Tenants Against Eviction And Displacement Arising From Demolition, Reconstruction And Redevelopment Of Tenanted Premises: A Study Of Indian Rent-Control Jurisprudence With Special Reference To Uttar Pradesh
Taha Tafseer
ABSTRACT
This study critically examines Long-standing tenancy arrangements, particularly those continuing across multiple generations, present complex legal questions when landlords seek to demolish, reconstruct, or redevelop tenanted premises. While rent-control legislation seeks to protect tenants from arbitrary eviction, landlords also possess legitimate interests in the reconstruction and development of their properties. This research examines the legal rights and protections available to long-standing tenants facing displacement on grounds of demolition or reconstruction, with particular reference to the legal framework applicable in Uttar Pradesh.
The study analyses the relevant provisions of the Transfer of Property Act, 1882, the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, and the corresponding Rules, with particular emphasis on the statutory grounds for eviction, release of premises for demolition and reconstruction, and the tenant’s right to re-entry or re-accommodation. It further examines judicial interpretation by the Supreme Court of India and the Allahabad High Court to determine how courts balance the interests of landlords with statutory tenant protections.
Through doctrinal and comparative legal research, the paper seeks to identify the extent to which long-standing tenancy, succession of tenancy rights, and statutory safeguards protect tenants from unjust displacement. It also evaluates existing remedies and proposes measures to ensure that redevelopment does not become a means of circumventing legitimate tenant protections.
Keywords: Long-Standing Tenancy; Tenant Protection; Landlord-Tenant Relationship; Unauthorised Construction; Injunctive Remedies; Eviction; Demolition and Reconstruction; Rent Control Law; U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972; Transfer of Property Act, 1882; Re-entry; Re-accommodation; Statutory Tenancy; Tenancy Succession; Judicial Remedies.
