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Synopsis

The Delhi High Court on Tuesday refused to vacate the stay granted in an appeal moved by the Government of Delhi challenging the single bench order dates July 22, 2021, which directed the state government to implement the promises made to pay rents of poor tenants by Chief Minister Arvind Kejriwal.

A division bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the application which claimed that the landlord was forcing tenants to pay all previous dues or vacate the premises and asked the Court to lift the stay granted in the case.

Counsel appearing for tenants urged the court to issue directions for the formulation of a policy in this regard.

"Can we force them to form the policy, there are several things said in the election manifesto, can we force them to do so?" Court responded.

The Court also noted that the petitioner-tenants had previously moved and challenged the stay order before the Supreme Court, which was denied.

The GNCTD in its plea challenged an order issued by Justice Pratibha M Singh's bench in July last year, stating that good governance necessitates keeping promises made to citizens.

The single bench opined that a promise or assurance given by the State's Chief Minister amounts to an enforceable promise, the implementation of which should be considered by the Government, and good governance requires that promises made to citizens by those who govern are not broken without valid and justifiable reasons.

Justice Singh ordered the decision in response to petitions filed by four daily wagers who claimed to be tenants who were unable to pay their monthly rent. The fifth petitioner in the case is a landlord who has not been able to collect monthly rent from the tenant. Both petitioners sought recovery/payment/refund of the monthly rental amount, as promised by Delhi Chief Minister Arvind Kejriwal.

Petitioners sought enforcement of the promise made by Delhi's CM on March 29, 2020, in a press conference, in which he requested all landlords to postpone the demand/collection of rent from poor and poverty-stricken tenants in the aftermath of the COVID-19 pandemic.

The petitioners claim that during the press conference, the CM made a clear promise that if any tenant is unable to pay their rent due to poverty, the government will pay their rent on their behalf. According to the petitioners, the government gave a solemn assurance that it would look after the tenants.

Justice Singh, while pronouncing the judgment had stated, “Promises are meant to be broken’ which is well known in the social context. However, the 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.”

Justice Singh further directed that the GNCTD, having regard to the statements made by the CM to landlords and tenants on March 29, 2020, to decide as to the implementation of the same within six weeks taking into account the larger interest of the persons to whom the benefits were intended to be extended in the said statement as well as any overriding public interest concerns.

Case Title: GNCTD v. Najma & Ors