LAWS(DLH)-2021-7-24

NAJMA Vs. GOVT. OF NCT OF DELHI

Decided On July 22, 2021
NAJMA Appellant
V/S
GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The saying 'Promises are meant to be broken ' is well known in the social context. However, law has evolved the doctrines of legitimate expectation and promissory estoppel to ensure that promises made by the Government, its officials and other authorities are not broken and are, in fact, judicially enforceable, subject to certain conditions.

(2.) The present petition has been filed by the Petitioners to seek enforcement of the promise made by the Chief Minister of Delhi (hereinafter, "CM ") on 29th March, 2020. Petitioner Nos. 1 to 3, 5 and 6 are daily wage labourers/ workers, who claim to be tenants who are unable to pay their monthly rent, and Petitioner No.4 is stated to be a landlord who hasn 't been able to receive the monthly rent from his tenant. Both sets of Petitioners seek recovery/payment/refund of the monthly rental amount, as per the promise made by the CM.

(3.) The case of the Petitioners is that the CM gave a press conference on 29th March 2020, in the wake of the COVID-19 pandemic, in which he requested all landlords to postpone the demand/collection of rent from those tenants who are poor and poverty stricken. In the backdrop of instances of landlords forcing tenants to make payments of their rent, while requesting landlords to talk to their tenants and postpone the collection of rents, it is alleged that the CM, in the press conference, had made a clear promise that if any tenant is unable to pay the rent due to poverty, the Government would pay his/her rent on their behalf. According to the Petitioners, a solemn assurance was given that the Government would take care of the tenants. The transcript of the press conference held by the CM is annexed to the petition and reads as under: