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2020 Supreme(Del) 1482
IN THE HIGH COURT OF DELHI
Dhirubhai Naranbhai Patel and Prateek Jalan, J.
Gaurav Jain - Appellant
Vs.
Union of India and Ors. - Respondent
W.P. (C) 3519 of 2020
Decided On: 15-06-2020
For the Appellant : Shefali Jaiswal, Adv.
For the Respondent: Anurag Ahluwalia, CGSC, Anuj Aggarwal, ASC and Ankit Monga, Adv.
The judgment emphasizes the limited role of judiciary in legislative and executive domains, and the inability of the court to grant relief that requires policy decisions by the government authorities
Headnote:
Public Interest Litigation - Rent Waiver - Constitution of Rent Resolution Commission - Rent Auxiliary Fund - Amendments in Standard Operating Procedure - Writ petition seeking waiver of rent, constitution of Rent Resolution Commission, Rent Auxiliary Fund, and amendments in Standard Operating Procedure for tenants during pandemic crisis - Court held that waiver of rent cannot be granted under Article 226 as it depends on contractual arrangement between tenant and landlord - Court declined to constitute Rent Resolution Commission and provide mechanism for appointment of members, removal procedure, and fixation of salary - Court refused to grant one-time amnesty to landlords or tenants as it requires policy decision by Government authorities - Court cited precedents emphasizing limited role of judiciary in legislative and executive domains - Court dismissed the petition as an abuse of process of law and imposed costs of Rs. 10,000 for COVID relief and welfare measures
Fact of the Case:
The petitioner filed a public interest litigation seeking waiver of rent, constitution of Rent Resolution Commission, Rent Auxiliary Fund, and amendments in Standard Operating Procedure for tenants during pandemic crisis
Finding of the Court:
The Court found the petition to be thoroughly misconceived and baseless, as waiver of rent cannot be granted under Article 226 and the constitution of Rent Resolution Commission and related mechanisms are matters of policy within legislative/executive domain
Issues: The issues involved were the grant of rent waiver, constitution of Rent Resolution Commission, Rent Auxiliary Fund, and amendments in Standard Operating Procedure for tenants during pandemic crisis
Ratio Decidendi: The Court emphasized the limited role of judiciary in legislative and executive domains, citing precedents and legal principles, and dismissed the petition as an abuse of process of law
Final Decision: The Court dismissed the writ petition as an abuse of process of law and imposed costs of Rs. 10,000 for COVID relief and welfare measures
JUDGMENT :
Dhirubhai Naranbhai Patel, .J.
1. Proceedings of the matter have been conducted through video conferencing.
2. This public interest litigation has been preferred with the following prayers:-
"a) Issue a writ of Prohibition or any other writ or Order prohibiting the eviction of the tenants on the grounds of non-payment of rent till this crisis caused by the Pandemic lasts, or till a date this Court deems fit. In the alternative, Direct the respondents to issue appropriate orders prohibiting eviction of the tenants on the grounds of non-payment of rent till this crisis caused by the Pandemic lasts, or till a date this Court deems fit.
b. Direct the respondents to issue appropriate orders to the Delhi Police and/or MLAs and/or DMs. and/or any other ministry of respondents to engage sufficient number of patrolling vehicles mounted with loudspeakers for the task of making people aware about the orders related to the issue of rent, and make a general appeal to all the landlords to show some gentility and empathy towards their tenants by waiving off their outstanding rent instead of coercing them to pay it immediately. A further appeal can be made to the landlords and the tenants to talk with each other and come up with fresh rent-terms where the interests of both the parties are taken care of.
c. Direct the respondents to establish an easy-to-access 'rent resolution commission' with a mandate to provide free and prompt resolution, primarily through mediation, to tenancy related issues arising between tenants and landlords due to or during the period when Disaster Management Act is in effect in India/Delhi.
d. Direct the respondents to issue appropriate and clear orders declaring that tenants who have not been able to pay the rent for the months of April and/or May and/or June shall not be asked or coerced in any manner to pay the outstanding rent for that period. The net outstanding rent amount shall be waived off forthwith. However, if the landlord of such a tenant is able to show to the 'Rent Resolution Commission' that the tenant did not suffer any substantial loss of income during the lockdown period, then such a tenant shall not qualify for this waiver and shall pay the outstanding rent.
e. Direct the respondents to immediately constitute a 'Rent Auxiliary Fund' with sufficient corpus and start making prompt payment of compensation to the landlord and tenants, as the case may be. An objective/subjective formula could be devised by the respondents or the 'Rent Resolution Commission' to calculate landlord's compensation amount while keeping in mind the interests of those who are primarily dependant on rent generated income for their bare survival. Similarly, another compensation formula could be devised for the tenants, who have already paid the rent for the months of April and/or May and/or June under the fear of losing the accommodation or any other pressure/threat, and such payment has jeopardized his already weak financial condition.
f. Issue directions to the Delhi Police to make amendments to the standard operating procedure where, if their Control Room officer receives any distress call on ' 100 or 112' from a tenant or a landlord, as the case may be, the officer shall connect the caller, after receiving her consent, to 'Rent Resolution Commission', if the officer concludes that the dispute largely revolves around nonpayment of rent and it has not yet lead to the eviction of the tenant or commission of any violence or bodily injury or crime against women.
g. Issue directions to the respondents to empower the 'Rent Resolution Commission' to give a one-time amnesty to the landlords or the tenants, as the case may be, against any civil or criminal proceeding against them for lack of documents like rent agreement, lease deed or police verification form etc.
h. Direct the respondents to issue appropriate orders in accordance with the above prayer, with appropriate modifications suggested/permitted by this Court.
i. Set aside R1
