MILAP CHANDRA JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India, the petitioner has made a request that the definition of "standard rent" as given in Section 3 (k) (wrongly mentioned in the petition as 2 (k)) and corresponding provisions of Sections 4 (2), 5, 6, 8 and 9 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), be declared ultra vires of the Constitution of India. It is further prayed that it may be declared that the standard rent payable for building is the prevailing market rent relating to similar buildings exempted from the operation of the Act : that it be further declared that on failure to arrive at a settlement of the standard rent, the same be determined by the District Magistrate on the basis of the criterion as may be laid down in this petition. The last prayer made is that the respondent No. 1, i.e., State of U. P. and Food and Civil Supply Department of State of U. P. be directed to take steps for the enactment of a new rent control legislation on the lines of Model Rent Control Legislation.

(2.) The facts giving rise to this petition are as follows :

(3.) In March, 1956, the shop No. 4809-A/14 (hereinafter referred to as "disputed shop") fell vacant. It was allotted to T.C. Gupta, father of the respondents Nos. 2 to 6 under Section 7 (2) of the old Act. He started paying rent @ Rs. 34.34p. per month. The amount also included the rent of furniture fitted in the shop by the father of the petitioner. It is further pleaded that in the year 1972, the old Act was repealed by the new legislation U. P. Urban Building (Regulation of Letting. Rent and Eviction) Act, 1972 U. P. Act No. XIII of 1972 (hereinafter referred to as the "Act"). The provisions of Section 5 of this Act permitted for the enhancement of the rent up to 25% only but T.C. Gupta did not enhance the rent at all : that the adjoining shops of Labh Chand Market are fetching rent at much higher rate as shown in chart. Annexure-1 to the petition ranging from Rs. 333.30p. per month to Rs. 6,800 per month ; that the petitioner is also required to pay house tax, water tax, etc., and therefore, he is receiving rent of Rs. 23 per month only of the disputed shop ; that T.C. Gupta and thereafter his sons also permitted hawkers to sit in verandah in front of the disputed shop and was earning Rs. 50 per day from them.