Thursday, 11 July 2019

The draft Model Tenancy Act, 2019 – A death sentence for owners of old properties


The Committee for the Repeal of Delhi Rent Control Act (CRDRCA) held an emergency meeting today to assess the draft Model Tenancy Act, 2019 proposed by the Central Govt. and which was carried by a section of the media today. The CRDRCA passed a resolution out-rightly rejecting the proposed Tenancy Act – lock, stock and barrel. The first reason for rejection is that it has deliberately and on purpose left out the hundreds of thousands of property owners in Delhi and Mumbai who would continue to get pittance as rent for properties in prime commercial areas which were rented out 6-8 decades earlier. 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.

Secondly, even as the second decade of 21st century is coming to an end the present Union Govt. is applying the age old tactic of divide and rule practiced and perfected by the British colonial rulers; in the instant case by creating a rift between landlords of new and old tenancies.

Thirdly the Govt. of India has once again succumbed to the powerful tenant-trader lobby for the nth time since 1995.

The CRDRCA resolves to oppose the draft Model Tenancy Act, 2019 tooth and nail till gross injustice done to owners of old tenancies are addressed.

Future Course of Action:
Hopes are pitched on the Special Leave Petition against the judgement dated 07.01.2019 of the Delhi High Court upholding the constitutional validity of the Delhi Rent Control Act, 1958 in the case titled Shobha Aggarwal & others vs. Union of India and another. It will be listed in Hon’ble Supreme Court of India on 22nd July, 2019.


(Shobha Aggarwal)
President (CRDRCA)

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