D C BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This bunch of writ petitions mentioned in the schedule annexed to this judgment (Not printed--Ed.) raises a common question regarding the constitutional validity of Section 3(c) of the Delhi Rent Control Act, 1958

(2.) For appreciating the controversy raised in these writ petitions, it would be appropriate that the history of rent control legislation is taken into account. Before enacting the rent control laws, the relations of the landlords and the tenants were governed by the provisions of the Transfer of Property Act. That was the general law applicable to landlors and tenants but on account of scarcity of accommodation i.e. shortage of housing accommodation. Rent control legislation came into being. So far as Delhi is concerned, under rule 21 of the Defence of India Rules, New Delhi House Rent Control Order, 1939 was issued. Its application was extended to Municipality of New Delhi and to the notified area of Civil Station, Delhi, Rule 81(2) (bb) empowered the Central Government to provide by order.

(3.) Clause 11-A made a provision for grounds for eviction and further provided that a tenant shall not be evicted whether in execution cf a decree or otherwise and whether before or after the, termination of the tenancy, except in accordance with the provisions of the said clause. Therealter Punjab Urban Rent Restriction Act, 1941 was extended to the province of Delhi and that law was not to apply to any areas in which the New Delhi House Rent Control Order. 1939 was for the time being in force. That Act was also enacted to restrain the increase of rents or certain premises situated in the limits of urban areas in the provrnce of Delhi. Then came the Delhi Rent Control Ordinance, 1944. This ordinance was promulgated in order to make better provisions for the control of rents in (he province of Delhi. It also contained clause-9 relating to eviction of tenants. It is only on certain grounds that a tenant could be evicted from his tenanted premises. Then came the Delhi and Ajmer Merwara Rent Control Act, 1947. The preamble of this Act. was to the effect that the Act was to provide for the control of rents and evictions, and for the lease to Government of premises upon their becoming vacant, in certain areas in the Provinces of Delhi and Ajmer-Merwara. There was a provision contained in Section 9 relating to eviction of tenants which placed restrictions on eviction of tenants. Subsequently, in the year 1952. Delhi and Ajmer Rent Control Act, 1952 was promulgated. Its preamble was also to the same effect. This law dealt with the control of rents and evictions. The earlier laws a'so made provisions for fixing standard rents and provisions relatin" to other charges by the landlord. Then came Delhi Tenants ( Temporary Protection) Act, 1956. It provide for temporary protection to certain dosses of tenants in the Union Territory of Delhi from eviction. After this Act. the present law i.e. Delhi Ren Control Act, 1958 (Act no. 59 of 1958) was promulgated. This law was enacted with a view to provide for control of rents and evictions and of rotes of hotels and lodging houses and for the lease of vacant premises to government in certain areas in the Union Territory of .Delhi. It came into force w.e.f. 9th day of February, 1959. Subsequently, it was felt that the provisions of the said Act need amendment. This Act was amended by Delhi Rent Control Amending Act, 1988 (Act 57 of 1988). The objects of the amendment were: