Broad meaning of "alterations" under rent control law includes structural rebuilding; an erroneous speaking order was quashed.

The term "alterations" in clause 13(3)(vii) of the Letting of Houses and Rent Control Order, 1949 was held to have wide amplitude and to include substantial structural changes, including demolition, rebuilding, or strengthening necessary to make the premises fit for reconstruction. A restrictive reading confined to minor or superficial changes was rejected, and the landlord's request fell within the clause. A speaking order based on the mistaken view that the clause did not extend to such structural alterations disclosed an error of law apparent on the face of the record and was therefore liable to be quashed in certiorari. The impugned order was set aside and the matter remitted for fresh decision according to law.

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Issues: (i) Whether clause 13(3)(vii) of the Letting of Houses and Rent Control Order, 1949, covers permission sought for demolition, rebuilding, or substantial structural alterations to a house; (ii) Whether the Additional Deputy Commissioner's speaking order, based on a misapprehension of law, was liable to be quashed in certiorari.

Issue (i): Whether clause 13(3)(vii) of the Letting of Houses and Rent Control Order, 1949, covers permission sought for demolition, rebuilding, or substantial structural alterations to a house.

Analysis: The expression "alterations" was held to be of wide amplitude and not confined to small or superficial changes. Where reconstruction of the premises or strengthening of the existing structure is necessary for adding additional load or for rebuilding the house properly, the requirement of making essential alterations falls within the clause. A restrictive reading that excludes structural alteration and rebuilding was rejected as too narrow.

Conclusion: Clause 13(3)(vii) does cover substantial structural alterations needed for rebuilding or strengthening the premises, and the landlord's case fell within it.

Issue (ii): Whether the Additional Deputy Commissioner's speaking order, based on a misapprehension of law, was liable to be quashed in certiorari.

Analysis: A speaking order founded on an erroneous view of the legal scope of the relevant clause is amenable to interference by certiorari when the error is apparent on the face of the record. Since the authority proceeded on the mistaken assumption that the clause did not extend to demolition and rebuilding requiring structural alteration, the order suffered from a patent legal error.

Conclusion: The impugned order was liable to be quashed in certiorari.

Final Conclusion: The petitioner succeeded, the impugned order was set aside, and the matter was remitted for fresh decision according to law.

Ratio Decidendi: The term "alterations" in a restrictive rent control provision may include substantial structural alteration or rebuilding necessary to make the premises fit for reconstruction, and a speaking order founded on an obvious error of law is quashable in certiorari.

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