20.10.14

Govts sat on Delhi Rent Act

There are some issues on which governments do not take action irrespective of which political party is in power, the Delhi high court remarked, after being told by the Centre that it has no plans to notify the Delhi Rent Act 1995. A bench of justices B D Ahmed and Siddharth Mridul also decided to test the constitutional validity of the parent 1958 Act which has been challenged by way of a PIL pending before it.
Appearing for the Centre, additional solicitor general Sanjay Jain placed before the court a letter from urban development ministry sent to him that said “there is no proposal for notifying Delhi Rent Act 1995 under consideration of the ministry . To enact a new legislation, a bill to repeal Delhi Rent Act 1995 was introduced in Rajya Sabha and has not been taken up for consideration so far“.
Taking note of Centre's stand the bench said, while the government may not act, courts are there to test constitutionality of a law and even if one person's fundamental rights are violated the courts are going to protect them. It directed the ASG to file a comprehensive counter-affidavit within three weeks addressing the arguments raised by the petitioners who have challenged the DRC Act 1958.
During the proceedings, HC also heard arguments by a group of tenants traders who filed several “impleadment“ applications claiming that small tenants are not being represented before the court and they wish to apprise it of their objection to the PIL. Main petitioner in the case advocate Shobha Aggarwal accused the interveners of delaying the case and alleged the same lobby has stalled implementation of Delhi Rent Act 1995 for over 19 years despite governments of various hues having been in power. HC permitted the tenants to make arguments but refused to allow their plea for intervention. It will now take up the PIL in December. Last month HC asked the Union government to clarify its stand on implementation of the amended Act. The petitioners have claimed the DRC Act is ultra vires the Constitution as it discriminates against landlords and violates Article 14, 19(1)(g) and 21 of the Constitution. After bringing an amended Act in 1995, the Centre refused to notify it, in effect killing the amendment. Last year, a fresh Bill was drafted but is yet to be tabled.

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