The
division bench comprising of Hon'ble Mr. Justice Arun Mishra and
Hon'ble Mr. Justice M.R. Shah
of the Supreme Court (SC) today i.e. 22 July, 2019 dismissed the Special Leave Petition challenging the
Delhi High Court judgement dated 07.01.2019 which had upheld the constitutional
validity of the Delhi Rent Control Act, 1958. As the Petitioner (and losing
one) it is imperative to point out that the SC did not go into the
merits of the case today.
What transpired in the Supreme Court
today:
The
court at the very outset – even before the petitioner-in-person could utter a
word – said “dismissed”! Still the petitioner pointed out that a similar
petition challenging the The
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972
is already admitted by the court. Justice Mishra responded that we have already
dismissed a petition from the same order (of the Delhi High Court dated
07.01.2019) and “we have to be consistent”.
It is pertinent to mention here that as per the Supreme Court current roster,
petitions under Rent Acts are not supposed to go before the bench headed by
Justice Mishra!! The pre-existing bias in the minds of the judges ensured that
the petitioner did not get a fair hearing
The
struggle of owners will continue with renewed efforts and we will now oppose
the draft Model Tenancy Act, 2019 (till it includes old tenancies in its ambit)
both inside and outside the Parliament.
Shobha Aggarwal
Petitioner-in-person & President
(CRDRCA)
Read the SLP here:
https://drive.google.com/file/d/1Cj9RNooTu2dzO-ZGQZFKFWAqUWmvriiB/view?usp=sharing
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