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2020 Supreme(Del) 1514
IN THE HIGH COURT OF DELHI
Dhirubhai Naranbhai Patel, Prateek Jalan, JJ.
Gaurav Jain - Appellants
Vs.
Union of India and Ors. - Respondent
W.P. (C) 3519/2020
Decided On : 15-06-2020
For the Appellant : Party-in-Person and Shefali Jaiswal, Adv.
For the Respondents: Anurag Ahluwalia, CGSC, Anuj Aggarwal, ASC and Ankit Monga, Adv.
The court cannot interfere with contractual arrangements between landlords and tenants, legislate, or issue directions to the legislature and executive. It emphasized the need for specific facts and proof in individual cases related to rent payment and eviction.
Headnote:
Rent Waiver - Public Interest Litigation - None - The court dismissed a public interest litigation seeking a waiver of rent for tenants during the pandemic. The court held that it cannot interfere with contractual arrangements between landlords and tenants and cannot waive rent payments. It also rejected the proposal to establish a 'Rent Resolution Commission' and 'Rent Auxiliary Fund', stating that such matters are within the legislative/executive domain. The court emphasized that it cannot legislate or issue directions to the legislature and executive. The petitioner's argument that rent should be waived for all tenants was deemed unjust and ill-conceived. The court dismissed the petition as an abuse of the legal process and imposed a cost of Rs. 10,000 to be deposited with the Delhi State Legal Services Authority for COVID relief and welfare measures.
Fact of the Case:
The petitioner filed a public interest litigation seeking a waiver of rent for tenants during the pandemic, constitution of a 'Rent Resolution Commission', and introduction of a 'Rent Auxiliary Fund'.
Finding of the Court:
The court found the petition to be thoroughly misconceived and baseless, emphasizing that it cannot interfere with contractual arrangements between landlords and tenants. It rejected the proposal to establish a 'Rent Resolution Commission' and 'Rent Auxiliary Fund', stating that such matters are within the legislative/executive domain. The court also dismissed the petitioner's argument for a general waiver of rent for all tenants as unjust and ill-conceived.
Issues: The issues included the court's authority to waive rent payments, establish a 'Rent Resolution Commission', and introduce a 'Rent Auxiliary Fund' through a public interest litigation.
Ratio Decidendi: The court emphasized that it cannot interfere with contractual arrangements between landlords and tenants, legislate, or issue directions to the legislature and executive. It also highlighted the need for specific facts and proof in individual cases related to rent payment and eviction.
Final Decision: The court dismissed the public interest litigation as an abuse of the legal process and imposed a cost of Rs. 10,000 to be deposited with the Delhi State Legal Services Authority for COVID relief and welfare measures.
JUDGMENT :
Dhirubhai Naranbhai Patel, C.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 R
