A Special
Leave Petition (SLP) has been filed in the Supreme Court (SC) challenging the
Delhi High Court (DHC) judgement which had upheld the constitutional validity
of the Delhi Rent Control Act, 1958. The SLP titled Shobha Aggarwal vs. Union of India &
ors will be listed in the SC on 22 July, 2019 at item no. 8 in Court
no. 4 before the Division Bench comprising of Hon'ble Mr.
Justice Arun Mishra and Hon'ble Mr. Justice M.R. Shah. It may be
recalled that the division
bench of the Delhi High Court on 07 January, 2019 had dismissed the petition challenging the constitutional validity of the Delhi Rent
Control Act, 1958 (DRC Act).
The petition assumes significance as
the Ministry of Housing and Urban Affairs (MHUA)
recently released the draft Model Tenancy Act, 2019 (MTA) and has stated in its
press release that the “MTA will
be applicable prospectively and will not affect the existing tenancies”. If the existing tenancies are kept
out of the purview of any new Rent Act then the MTA is a sham exercise to fool
the people. In the city of Delhi relief is needed only for landlords of old
properties as the rest of the tenancies are either governed under the Transfer
of Property Act, 1882 or are outside the ambit of any law; jhuggi-jhopri colonies for instance. Nor will it reduce litigation
as 10.15 % of all civil cases in Delhi District Courts are under DRC Act, 1958.
The draft MTA will also not help unlock thousands of properties lying unused
but in possession of tenants under DRC Act – awaiting a lucrative deal.
Several petitions challenging full
or part of state rent acts are already pending in the Supreme Court awaiting
final hearing viz provisions of The Maharashtra Rent Control Act, 1999, the
entire The
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972. Several petitions seeking enhancement of rent under the Delhi Rent
Control Act, 1958 are also pending adjudication in Supreme Court.
A copy of the SLP filed by the undersigned is
available at:
Shobha Aggarwal
Petitioner-in-person & President
(CRDRCA)
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