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The Supreme Court on Monday dismissed a plea challenging stay on the Delhi High Court order staying single judge order which directed enforcement of promise made by the Chief Minister Arvind Kejriwal for payment rent of those tenants who were unable to do so amid COVID-19 pandemic.

A division bench of Justice DY Chandrachud and Justice Surya Kant observed that during the speech, Kejriwal had said that some of the rent may be cleared & in this case, promissory estoppel cannot be applied.

Justice Chandrachud said that enforcement cannot be issued on the basis of such speech, “some notification has to be there, there has to be some policy,” he said.

The plea has been filed against the Delhi High Court order which stayed the implementation and operation of the single judge order which had directed the Government of NCT Delhi to take a decision as to the implementation of the statements made by Delhi Chief Minister Mr. Arvind Kejriwal on March 29, 2020.

The Division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing an appeal filed by the Government of NCT of Delhi challenging the single judge order of July 22, 2021.

The order was passed by the Single Judge bench of Justice Pratibha M Singh which said that “This court is of the opinion that the promise/ assurance/ representation given by the CM clearly amounts to an enforceable promise, the implementation of which ought to be considered bg the Government. Good governance requires that promises made to citizens, by those who govern, are not broken, without valid and justifiable reasons.”

The Chief Minister of Delhi (CM) on March 29, 2020, four days after the nationwide Lockdown was imposed, gave a press conference, in which he requested all landlords to postpone the demand/collection of rent from those tenants who are poverty stricken. It is alleged that the CM in furtherance of this request, made a clear promise that if any such tenant is unable to pay rent, the Government would pay the same on his/her behalf.

Case Title: Govt. of NCT of Delhi and Ors. Vs. Najma and Anr.