PRESS RELEASE: Supreme Court Seeks Union Government’s Response on Plea Challenging Non-Enforcement of Delhi Rent Act, 1995 for three decades

A Bench of the Supreme Court of India comprising Hon’ble Mr. Justice Rajesh Bindal and Hon’ble Mr. Justice Vijay Bishnoi on Monday, 9 March 2026 directed the Union of India to file its counter affidavit in a writ petition challenging the continued non-enforcement of the Delhi Rent Act, 1995 (“1995 Act”) for nearly three decades.

The Court granted the Union Government four weeks to file its counter affidavit. The petitioner has been permitted to file a rejoinder affidavit within two weeks thereafter. Earlier, on 7 January 2026, the Supreme Court had issued notice to the Union Government in the matter.

During the hearing, the Bench questioned the Government on why the Act has not been notified. The Government counsel sought time to file counter, stating that the matter had come up for hearing for the first time.

The Government also raised a preliminary objection that the petitioner had approached the Supreme Court directly instead of first moving the High Court.

Responding to the objection, the petitioner, Ms. Shobha Aggarwal, who is appearing in person, pointed out that in Common Cause v. Union of India (Judgement dated 8 October 2003), the Supreme Court had declined to issue a writ of mandamus directing the Government to notify the Delhi Rent Act, 1995. In light of that decision, she argued, the High Court would likely have dismissed the petition at the threshold.

The matter will be taken up after the completion of pleadings.

The petition raises an important constitutional question: whether a law duly enacted by Parliament can be kept in abeyance indefinitely – in the instant case for over thirty years – without being brought into force?

 Case details:

Writ Petition Civil No. 1177/2025 titled Shobha Aggarwal Vs. Union of India

SC plea questions 30-year old delay in executing Delhi Rent Act of 1995

 (HT, 14.1.26)

Supreme Court issues Notice to Central Government to explain 30-yr delay by the Executive in Notifying Delhi Rent Act, 1995 despite Presidential approval.

NDH 9.3.26.

Case title: Shobha Aggarwal vs. UOI.

This is not a PIL but a writ petition

Owners welcome SC order

URGENT PETITION: On non-notification of Delhi Rent Act, 1995

                                                               

To

The Registrar,

Supreme Court of India,

New Delhi.

 

Subject: Non-notification of laws passed by the Parliament, assented to by the President of India, by the Executive and bureaucracy

 

Ref: Presidential reference on President, Governor’s powers which is being adjudicated by a five-judge Constitution bench and matters related thereof

 

Hon’ble Chief Justice of India and his companion judges,

 

Nation is expectantly waiting for a judgment on the aforementioned issue as it concerns “we the citizens’ so that a law passed by a duly elected legislature does not get confined to cold storage due to governmental/bureaucratic inertia.

 

We wish to bring to the notice of the five-judge constitution bench that there is yet one more area where in spite of this courts’ sincere efforts the law could be made un-operational by vested interests due to non-notification of the law in cases where there is no inbuilt clause in the law that it would come into operation immediately or after a stipulated time-period as in the case of Delhi Rent Act, 1995 (DRA, 1995).

 

The DRA, 1995 was passed by both Houses of Parliament, and received the assent of the President of India on August 23, 1995. It is not being enforced ostensibly because of successive Central governments getting blackmailed by the vested interests! In the last thirty years of the legislative history, the Union Ministry of Housing and Urban Affairs (MoHUA) has either blatantly ignored the sagacious recommendations or wilfully not implemented the assurances given to several Parliamentary Committees (including the Committee on Petitions; Committee on Assurances; Committee on Subordinate Legislation; and three Parliamentary Standing Committees). The non-notification of the DRA, 1995 by the MoHUA is contemptuous of Parliament, the aforementioned Parliamentary Committees, as also the President of India. Even the pronouncements of the judiciary particularly during the last two decades urging the government for immediate rental law reform, including payment of market rent by tenants, have not been heeded to. This is collective contempt shown on this issue by the government towards Parliament, Parliamentary Committees, the President of India and Supreme Court of India.

 

By not issuing the relevant notification within a reasonable period, the executive effectively assumes the law-making functions. This is unconstitutional since the power to make laws rests with the legislature, not the executive. One of the defining features of our Constitution is the separation of powers between the legislature, executive and judiciary.

 

It is our earnest hope the power of the legislature, for example, through non-notification of Acts passed by Parliament and even assented to by the President of India are brought to a halt. Getting the DRA, 1995 to be notified could be the first step in that direction.

 

This is for your kind consideration.

 

Yours sincerely,

Paramjit Singh,

Convener, National Campaign Committee for Rental Law Reform

Press-Release: Repeal of Delhi Rent Control Act, 1958

 To

The Chief Reporter/ News Editor,

The Committee for the Repeal of Delhi Rent Control Act (CRDRCA) has been campaigning for rental law reform in Delhi for about two decades. The CRDRCA welcomes the judgement of Delhi High Court delivered by Justice Anup Jairam Bhambhani on 2 July 2025 in the case of Mrs. Madhurbhashani & Ors. The Delhi High Court is crying itself hoarse for repeal of archaic rental law since elite class tenants are paying a pittance as rent to landlords who are struggling to make both ends meet.

 

The Union Ministry of Housing and Urban Affairs (MoHUA) has been urging state governments to adopt the Model Tenancy Act 2021. The Delhi Rent Control Act, 1958 (DRC Act) is a central legislation and the Parliament has the power to repeal it. But the Central Govt. has chosen not to take action to implement its own policy in Delhi so far. Now that BJP is in power in both Delhi and Centre after almost two and a half decades this is the right time for the Central Govt. to ensure that Delhi Rent Control Act, 1958 is repealed and tenancy laws reformed in Delhi.

 

Campaign by CRDRCA

The CRDRCA, comprising of women owners, had filed a case in DHC in 2010 challenging the constitutional validity of the whole DRC Act. But in 2019 a division bench of the DHC headed by Justice S. Ravindra Bhat (as he then was) passed an unreasoned judgement and refused to give any relief to the landlords. The violation of fundamental rights of the landlords were not deliberated upon at all in the said judgement. The judgement was a copy paste job of the petitioners’ arguments and respondents’ arguments with no analysis at all.

 

Ironically Justice S. Ravindra Bhat considered the law to be constitutional but Justice Bhambhani has aired a view which reflects the reality.

 

Thanks.

Yours sincerely,

Shobha Aggarwal

President, Committee for the Repeal of Delhi Rent Control Act

See Also: ttps://timesofindia.indiatimes.com/city/delhi/high-court-sets-aside-rent-controller-order-citing-misuse-of-delhi-rent-control-act/articleshow/122254751.cms

Business Standard (14 June, 2021) on Model Tenancy Act, 2021

 

Press Release: CRDRCA condemns Model Tenancy Act approved by Union Cabinet on 02.06.2021

 

 

 

To

The Chief Reporter/News Editor,

New Delhi

 

The Committee for the Repeal of Delhi Rent Control Act (CRDRCA) condemns the move by the Union Cabinet approving the Model Tenancy Act on 02.06.2021. The CRDRCA has been getting frantic calls by owners in Delhi since yesterday itself expressing shock at the audacity of Ministry of Housing and Urban Affairs (MHUA) for this move which specifically ensures that owners of properties in old markets of Delhi will continue to be paid lowly rents. So absolutely no relief for such owners. Any law which excludes old tenancies is useless and will make no difference to the pendency of cases under rent control laws which are clogging the courts.

 

In a case relating to U.P. Rent Act [Civil Appeal No(s). 1082-1083/2017 Neena Jain & Ors. Versus State of U.P.] it was held by the Supreme Court on 03.11.2020:

 

“We are of the view that the State Government in any case has some guidance from this model draft legislation and has to bring forth its own State legislation so as to cover not only future but past tenancies also. We see no reason why in a federal structure and considering the requirement of each State, the State of Uttar Pradesh has to wait for the ultimate shape of this model legislation.”

 

Again in the same case an order was passed on 07.12.2020 which stated:

 

“We make it clear that the ordinance should take care of not only the future tenancies but also the existing tenancies.”

 

The U.P. Government in compliance with the Supreme Court orders subsequently promulgated The Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 in January this year which includes both existing and new tenancies in its ambit.

 

Any law which violates the orders of the Supreme Court in U.P. case is prima facie illegal and unconstitutional.

 

Brief Background of CRDRCA

 

The CRDRCA has been campaigning for the repeal of Delhi Rent Control Act, 1958 (DRCA) since 2007-08. The Committee had filed a writ petition in the Delhi High Court in 2010 challenging the constitutional validity of DRCA, 1958. Later it approached the Supreme Court in 2019 as the Delhi High Court turned a deaf ear to its prayer in the writ petition. The CRDRCA had approached three Committees of Indian Parliament viz Committee on Petitions; Committee on Subordinate Legislation and Committee on Government Assurances. Besides the then MoUD Standing Committee was apprised of the issue. Practically the entire bureaucracy in the then MoUD as also the Minister of State and Union Minister in the Ministry were personally handed over memos at the official meetings. Lastly the support of opposition members were also enlisted. A section of the media supported the demand for repeal of DRCA, 1958. Hundreds of owners had joined the campaign actively at our instance.

 

Course of Action

 

The CRDRCA appeals to all owners in Delhi to register their protest individually as collective action can take place only after the unlocking of Delhi is over. The CRDRCA will legally challenge any future tenancy law in Delhi which keeps the old tenancies out of its purview.

 

Shobha Aggarwal

President, Committee for the Repeal of Delhi Rent Control Act

Mobile: 98115 28656

 

PRESS STATEMENT BY OWNERS ON DRAFT MODEL TENANCY ACT, 2020

 

Sometime towards the end of October 2020 the Union Ministry of Housing and Urban Affairs (MoHUA) surreptitiously uploaded on its website Draft Model Tenancy Act, 2020 and for the nth time invited suggestions/comments/views on it within 30 days. Fully knowing how farcical this exercise has become it was not considered necessary to give advertisements in the major daily newspapers in Delhi. No official press-release was issued.

 

This time all pretense has been given up. Point V of the background note on Model Tenancy Act, 2020 available on the website of MoHUA states that “the MTA to be applicable prospectively and the existing tenancies shall continue to be governed by the respective extant rental laws of the States/UTs”.

 

The object and purpose of the process that started in 1992 was to reform the rent control laws all over the country and slowly bring all properties under general law on Transfer of Property. If the existing tenancies will continue to be governed by the respective extant rental laws of the States/UTs, then there is no need for a new law. Why undertake this superficial exercise? Non-inclusion of old tenancies makes any new law a useless piece of legislation. The housing problem will not get resolved; dangerous buildings will continue to fall and rejuvenation of old cities will not take place.

 

The Central Govt. has the power to repeal all the existing State rent control laws as the topic of Transfer of Property under which all rent laws fall is covered by Entry 6 of the Concurrent List in the Seventh Schedule to the Constitution of India. This will solve the housing problem in one stroke.

 

How long does it take for a govt. to implement a policy? In the case of rent control it is over 28 years and counting. The whole process that started in 1992 and in the case of Delhi resulted in the passing of the Delhi Rent Act, 1995 (unanimously passed by both the houses of the Parliament of India). It received the assent of the President of India on the 23rd August, 1995. Mr. P. V. Narasimha Rao, then Prime Minister of India and also the Minister of Urban Development had asked the Urban Ministry to notify the Act. But bureaucracy under the influence of tenant-trader lobby scuttled the process using the bogey of Election Commission objecting to notifying the DRA, 1996; the truth is that Election Commission had till then not even announced the elections. So the will of one billion people was slaughtered to please the rich tenant-trader lobby. Money bags must have changed hands for this wheeling-dealing. The BJP Govt. in power at Delhi led by then Chief Minister, Madan Lal Khurana opposed the implementation of Delhi Rent Act, 1995. This gentleman till the passage of the Bill was leading an agitation for the Bill to be passed! The somersault over the issue speaks volumes for the integrity of the peoples’ representatives in power. The Govt. of India has once again succumbed to the powerful tenant-trader lobby. Is the BJP led NDA only functioning for this lobby? Then, sabka saath sabka vikas is a hollow slogan. Aam Aadmi Party in power at Delhi has also till date not taken any stand.

 

Govt. welfare policies as a rule help those who are senior citizens or super senior citizens or those whose needs are the most. In the instant case even this basic principle has been lost sight of and owners between 60 to 80 years of age have been thrown to the wolves. They have struggled all their lives for their properties to come out of rent control but now at the fag-end of their lives they have lost all hope for justice both from the courts and the government.

 

The need of the hour is for India to get another Prime Minister like Mr. P. V. Narasimha Rao who has the courage to undertake reforms without playing partisan politics.

 

Thanks.

Yours sincerely,

Shobha Aggarwal

President, Committee for the Repeal of Delhi Rent Control Act