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IN THE HIGH COURT OF DELHI
D.N. Patel, Prateek Jalan, JJ.
Gaurav Jain - Appellant
Versus
Union of India - Respondent
W.P.(C) 3519 of 2020
Decided On : 15-06-2020
Courts cannot waive contractual obligations like rent through public interest litigations; such matters are exclusively within the jurisdiction of legislative and executive powers.
Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation - Petition seeking waiver of rent and establishment of a Rent Resolution Commission dismissed as baseless; courts cannot interfere in contractual matters between landlords and tenants, particularly where there is lack of individual petitions - Appeals for setting aside governmental orders also denied. (Paras 4-10)
(B) Public Interest Litigation - Requires genuine public interest, not filed for personal gain or publicity; courts should discourage frivolous petitions. (Paras 11-12)
(C) Judicial Restraint - Courts must respect separation of powers; legislation and policy-making are functions of the legislative and executive branches, not judicial. (Paras 8, 9, 10)
(D) Cost - Petition dismissed with costs of Rs.10,000/- to be deposited for COVID relief. (Para 14)
| Table of Content |
|---|
| 1. public interest litigation seeks rent considerations. (Para 2 , 3) |
| 2. court cannot grant general rent waivers. (Para 4) |
| 3. court defers creation of rent resolution commission. (Para 5) |
| 4. policy decisions must remain with the legislative/executive. (Para 6) |
| 5. separation of powers restricts judicial overreach. (Para 7 , 8) |
| 6. both tenants and landlords can face financial challenges. (Para 9 , 10) |
| 7. petition lacks merit and clarity. (Para 11) |
| 8. criteria for valid public interest litigations outlined. (Para 12) |
| 9. court admonishes frivolous pursuits in litigation. (Para 13) |
| 10. petition dismissed with costs. (Para 14 , 15) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)--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 disp
