Section 29 UP Urban Buildings (Letting, Rent and Eviction) Act, 1972: Special protection to tenants of buildings destroyed by...

Section 29: Special protection to tenants of buildings destroyed by collective disturbances, etc

Repealed in Uttar Pradesh by section 46(1) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act No. 16 of 2021), deemed in force from January 11, 2021, which provides that this Act "is hereby repealed", while section 46(2) keeps cases pending under it at that commencement to be decided under this Act.

How current this text is

Text as published by India Code for this Uttar Pradesh Act in its Uttarakhand collection (Department of Urban Development, file urban_buildings_(1).pdf), with amendments up to U.P. Act No. 17 of 1999; India Code has no Uttar Pradesh copy of this Act.

This Act was repealed in Uttar Pradesh by section 46 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, which saves the cases pending under it at the commencement of that Act; it is shown here for those cases and for study.

Amendments made by Uttar Pradesh after U.P. Act No. 17 of 1999, if any, are not shown in this copy.

The copy is a typed edition and its typing errors (for example "licnece" in the heading of section 2-A) are reproduced as printed.

Sections 24-A, 24-B and 24-C carry no marginal heading in this copy.

Marginal references to other enactments (for example "U.P. Act no. II of 1959") printed beside the text are not reproduced.

In Inder Bhushan Sawhney v. Kanchan Kumari Jain (Writ-A No. 13349 of 2024, 2026:AHC:177234-DB, decided on 21 August 2026), the Allahabad High Court, declaring parts of the 2021 Act ultra vires, held that this Act "would spring back to life, of its own to the extent required".

(1) Where in consequence of the commission of mischief or any other offence in the course of collective disturbances, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect it wholly or partly as the case may be, at his own expenses within a period of six months from such injury:

Provided that if such injury was occasioned by the wrongful ad or default of the tenant he shall not be entitled to avail himself of the benefit of this provision.

(2) Where in consequence of fire, tempest, flood or excessive rain-fall, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect or repair it wholly or partly, as the case may be, at his own expense after giving a notice in Writing to the landlord within a period of one month from such injury:

Provided that the tenant shall not be entitled to avail himself of the benefit of this provision---

(a) if such injury was occasioned by his own wrongful act of default; or

(b) in respect of any re-erection or repair made before he had given a notice as aforesaid to the landlord or before the expiration of a period of fifteen days after such notice, or if the landlord in the meantime makes an application under section 21; before the disposal of such application; or

(c) in respect of any re-erection or repair made after the expiration of a period of six months from such injury of if the land-lord has made any application as aforesaid from the disposal thereof.

(3) Where the tenant, before the commencement of this Act, has made any re-erection or repair in exercise of his rights under section 19 of the old Act, or after the commencement of this Act makes any re- erection in the exercise of his right under sub-section (1) or sub-section (2),-

(a) the property so re-erected or repaired shall be comprised in the tenancy;

(b) the tenant shall not be entitled, whether during the tenancy or after its determination, to demolish the property or parts so erected or repaired or to remove any material used therein other than any fixtures of a movable nature;

(c) Notwithstanding, anything contained in sub-section(2) of section 2, the provisions of this Act shall apply to the building so re-erected :

Provided that no application shall be maintain the under section 21 in respect of any such building on the ground mentioned in clause (b) of sub-section- (1) thereof within a period of three years from the completion of such re-erection.