resident of Anjar – Kutch, has been allotted the land at Final Plot no. 463 of T.P. Scheme No.1 by the Anjar Area Development Authority, Anjar - Kutch. As the Respondent no.(1) has taken the possession of the land, as provided under Section-11(B)(b) of the Bombay Rent Act, the landlord of an immovable property shall, within not more than 12 months from the date when the part of the immovable property got destroyed or has substantially and permanently got damaged, get the premises repaired and hand over the possession of the premises on rent back to the tenant. The provisions are applicable to residential premises as well as shops. But, in the present case, the Respondent no.1 has not taken the possession of the allotted land. Moreover, Section17(d) of the Bombay Rent Act has been amended by the Government of Gujarat after the earthquake. The object behind the amendment was to ensure that, post the earthquake, the landlords handover the possession of the premises back to the tenants after getting them repaired. As it has not been complied with, on the basis of the powers conferred upon me under Section-17(D), as the representation of the Appellant Dr. Virendra Shashikant Dholakiya, resident of Anjar – Kutch, seems to be appropriate, I issue the order as to condemnation of the land/ plot at Final Plot no.463 of T.P. Scheme No.1 allotted to the Respondent no.1 and the Chief Executive Officer, Anjar Area Development Authority, Anjar – Kutch shall takeover the possession of the stated land. The amount of compensation payable to the landlord Shri Ashokkumar Gulabchand Bhansari, the heir and successor of Shri Gulabchand Chunilal Bhansali, resident of Anjar shall be determined through the Deputy Town Planning Officer, Bhuj as finalized by the Land Evaluation Committee. As the Appellant Dr. Virendra Shashikant Dholakiya, residing at Anjar –
