Sunday, 13 June 2021
Wednesday, 2 June 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
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