Centre Opposes Court Push to Implement Delhi Rent Act
Government tells Supreme Court notifying 1995 rent law is a policy decision
- Centre says Delhi Rent Act implementation cannot be court-directed
- Government cites policy and administrative considerations
- PIL challenges 30-year delay in notifying 1995 law
- Centre says existing 1958 rent law still provides legal remedy
GG News Bureau
New Delhi, 19th May: The Union Government on Tuesday told the Supreme Court of India that implementation of the Delhi Rent Act, 1995, cannot be ordered through judicial intervention as notifying the law remains a policy decision dependent on suitable socio-economic and administrative conditions.
The Centre made the submission in response to a public interest litigation filed by advocate Shobha Aggarwal, who challenged the non-implementation of the law despite it receiving presidential assent nearly three decades ago.
In its affidavit before the apex court, the Ministry of Housing and Urban Affairs said the decision to notify the Delhi Rent Act involves balancing the interests of multiple stakeholders and falls within the executive’s policymaking domain.
The Centre urged the court to exercise judicial restraint, arguing that any direction to enforce the law could violate the constitutional principle of separation of powers.
According to the government, the judiciary should not substitute its judgment for that of the executive regarding whether the administrative machinery is prepared to implement the legislation.
The Centre also stated that non-notification of the Delhi Rent Act, 1995 does not violate any fundamental rights.
It added that the existing Delhi Rent Control Act, 1958 continues to govern landlord-tenant relationships in Delhi and provides a statutory legal framework for citizens.
“The appropriate accountability rests before Parliament,” the government said in its response.
The Delhi Rent Act had received presidential assent on August 23, 1995, but has never been formally notified for implementation.
In her petition, Aggarwal argued that keeping a law passed by Parliament in abeyance for over 30 years defeats legislative intent and undermines the rule of law.
She contended that continued reliance on the Delhi Rent Control Act, 1958 is outdated and inconsistent with the Centre’s tenancy reform approach, particularly after the introduction of the Model Tenancy Act, 2021.
The petition sought immediate implementation of the 1995 Act with retrospective effect and requested guidelines to prevent similar delays in enforcing laws passed by Parliament.
The plea also referred to observations made by a Rajya Sabha committee in 2004, which reportedly noted that delaying the enforcement of the 1995 Act had created a poor legislative precedent.
The Supreme Court had earlier sought the Centre’s response on the matter in January.
