Forceful eviction is the permanent or temporary removal against their will of individuals, families, and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection
. It can be carried out without the provision of proper alternative housing and relocation, adequate compensation, and/or access to productive land when appropriate. It is carried out without the possibility of challenging either the decision or the process of eviction, without due process and disregarding the State’s national and international obligations.
In India, tenants have certain rights against forceful eviction. The respective state governments have laid down justifiable grounds for eviction. If any tenant finds its ground of eviction insufficient or unwarranted then he/she has the right to seek protection. Rent control laws are governed by state laws and these state laws specifically enact sections and subsections that regulate the grounds of protection of tenants. It enables the tenants to stand for their legally entrusted right of protection if landlords use compulsion or false grounds to evict them from their rented premises. There has been a ruling made by honorable Apex Court whereby the landlord cannot compel the tenant to evict the tenant for at least 5 years if the tenant has timely paid his rental obligations and fulfill other terms of mutually signed rent contract. In addition, the landlord can evict the tenant if he needs the premises for his own use and authentic purpose. This ruling allows the landlord to send notice of eviction on sufficient grounds and any unnecessary misuse of the enacted legislation will not be validated in the eyes of law.
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What is meant by forceful eviction?
Kola
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2023-10-03T09:23:37+00:00 2023-10-03T11:50:51+00:00Comment
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