2000 Supreme(SC) 1972
SUPREME COURT OF INDIA
K.G.Balakrishnan : S.R.Babu
Madan Lal Gupta
Versus
Ravinder Kumar
Case No. : 10729 of 2000
Date of Decision : 12/6/00
Advocates Appeared: Ahmed Altaf : Das B.V.Balaram : Dwivedi Dinesh : Kumar Amitesh : Mehra D.S. : Pandey Rekha : Singh L.R. : Singh Vikash : Sirur Urmila
The court held that subsequent amendments to the Delhi Rent Control Act prevail over the Slum Areas (Improvement & Clearance) Act, 1956, and reaffirmed that interim stay orders of the Supreme Court must be obeyed implicitly by all parties to maintain the legal system's integrity.
Headnote:(A) Delhi Rent Control Act - Sections 14-A, 25-A, 25-B, 25-C and 54 - Slum Areas (Improvement & Clearance) Act, 1956 - Sections 3 and 19 - Eviction of tenant - Conflict between statutes - Provisions of the Rent Act, being inserted later than the Slum Areas Act, prevail over the latter. (Para 4)
(B) Contempt of Court - Compliance with interim orders - When an interim stay is granted by the Supreme Court, all authorities and persons are bound by the orders and there should be implicit obedience to the same; any violation results in erosion of the system. (Para 7)
Facts of the case:
A petition was filed challenging an order that refused leave to contest an eviction petition filed for bona fide need. The petitioner argued that the property was located in a declared slum area, and therefore, eviction could not be sought without prior written permission of the competent authority. Following the granting of an ad interim stay of execution by the court, the respondent attempted to enforce the decree of possession.
Findings of Court:
The court found that the provisions of the Rent Act prevail over the Slum Areas Act. Regarding the attempt to enforce the decree despite the stay order, the explanation provided by the respondent was found to be unsatisfactory.
Issues: Whether the Slum Areas (Improvement & Clearance) Act, 1956, hinders eviction under the Delhi Rent Control Act and whether the intentional disregard of a stay order issued by the Supreme Court warrants exemplary costs.
Ratio Decidendi: The court ruled that the Delhi Rent Control Act, having been amended with relevant provisions later than the enactment of the Slum Areas Act, takes precedence. Furthermore, the court emphasized that implicit obedience to interim stays granted by the apex court is mandatory, irrespective of the merits of the case.
Result: Petition dismissed; contemnors ordered to pay exemplary cost of Rs. 10,000 each.
JUDGMENT
S.RAJENDRA BABU, J.
(1) IN this petition the petitioner is calling in question an order passed by the High Court in a Revision Petition arising out of a proceeding under the Delhi Rent Control Act. The Rent Controller refused to grant leave to contest the eviction petition filed by the respondent for his bona fide need. The question as to the extent of accommodation, the requirement of the respondent is dependent on actual facts arising in the case. inasmuch as the Rent Controller as well as the High Court have examined the matter and concluded against the petitioner, we fail to understand as to how we can interfere with the decision made by the High Court affirming the order of the Rent Controller.
(2) HOWEVER, the learned Counsel for the petitioner sought to rely upon two decisions of this Court in Santosh Devi Soni v. Chand Kiran, [JT 2000 (3) SC 397], and Liaq Ahmed & Ors. v. Shri Ha- beeb-Ur-Rehman, [JT 2000(5) SC 611]. Neither of these two decisions set down any principle of law so as to call for interference by us. In these two cases on the facts arising in the case certain orders have been passed by this Court.
(3) LEARNED Counsel for the petitioner sought to raise an additional ground relying upon a letter issued by the Director (Town Planning) on 29/6/2000 that the property in question in respect of which eviction is sought for is included in the areas which have already been declared as "Slum Areas" under Section 3 of the Slum Areas (Improvement & Clearance) Act, 1956. He further contended that Section 19 of the Slum Areas (Improvement & Clearance) Act, 1956 stands in the way of the landlord for evicting the tenant without obtaining previous permission in writing of the competent authority.
(4) THIS Court in Sarwan Singh & Anr. v. Kasturi Lal, [AIR 1977 SC 265], held that the Delhi Rent Control Act wherein Chapter III-A and provisions of Sections 14-A, 25-A, 25-B, 25-C and 54 have been inserted in 1975 later to the Slum Areas (Improvement & Clearance ) Act and, therefore, provisions of the Delhi Rent Act would prevail over the Slum Areas (Improvement & Clearance) Act. In view of the decision in Sarwan Singh & Anr. v. Kasturi Lal case (supra) the contention raised by the petitioner cannot stand and the same stands rejected.
(5) THEREFORE, we find no reason to interfere with the order made by the High Court and dismiss the petition.
(6) WHEN the special leave petition came up for consideration at the stage of preliminary hearing, this Court, while directing issue of notice to the respondents of the case also granted ad interim stay of execution of the decree for possession in the meantime. But even so, it appears, respondent no. 1 with the help of respondent no.2 made an attempt to enforce the decree contrary to the order of this Court. The counter affidavit filed on behalf of respondent no.1 is rather astonishing and is set out hereunder:-
"I submit that the petitioner was granted stay of eviction on 24/7/2000, yet he made no effort to submit a certified copy of the stay order in the Court of the learned Rent Controller or serve a copy on me although he is living in the same building. Therefore, when the petitioner showed only a photocopy of the proceedings dated 24/7/2000 (not the stay order), I expressed my doubt and showed reluctance to believe that the copy is a genuine one. Therefore, I asked the contemner no.2 about the truthfulness and validity of the stay as he is supposed to have knowledge of the proceedings in such cases. The contemner no.2 told me that he is not bound by the orders of any other court as his concerned court has given him the warrant of possession to get the eviction of the suit premises. Contemner no.2 further told me that it is the mandatory duty of the person having a stay order to inform the decree holder within 10 days of receiving the stay order and to intimate the concerned Court within 30 days. As the J.D. had not complied with this manda