KHADI GRAM UDYOG BHAWAN Vs. KHUSHBU MEHTA

JUDGEMENT

(1.) By this writ petition, the constitutional validity of Section 6 of the Rajasthan Rent Control Act, 2001 (for short "the Act") has been challenged.

(2.) Learned counsel for petitioner submits that Section 6 of the Act of 2001 makes different categories for determination of rent. It is not based on intelligible differentia thus deserves to be struck down. A reference of Section 6(1)(a) of the Act, prior to amendment, has been given to show that for any premises let out prior to 1st January, 1950, enhancement @7.5% per annum has been allowed on the rent payable on 1st January, 1950. The amount of rent, so arrived at, shall be liable to increase @7.5% per annum till commencement of the Act after grouping in ten years. A reference of Section 6(1)(b) and (2) of the Act of 2001 has also been given. It again provides similar mechanism for enhancement of rent though it is for the premises let out after 1st January, 1950. As against the rate of 7.5% per annum, subsection (3) provides for enhancement of the rent at the rate of 5% per annum after commencement of the Act.

(3.) The argument of learned counsel for petitioner is that while Section 6(3) of the Act permits enhancement of rent at the rate of 5% per annum, Section 6(1)(a)(b) and (2) of the Pre-amended Act permits it at the rate of 7.5% per annum. No reason exists to provide different rates for increase of rent for the tenancy prior to the year 1950 or subsequent to the year 1950 till commencement of the Act and thereafter.