New Delhi (India), September 27 (ANI): The Division Bench of the Delhi High Court on Monday stayed the July 22 order of the Single Bench directing the government to implement Chief Minister Arvind Kejriwal’s promises to pay rents of needy tenants.
The bench of Justices DN Patel and Jyoti Singh issued a notice on Monday, also staying the execution and implementation of the single judge order till the next date of hearing.
The NCT Delhi government, in its petition, challenged the decision of the bench of Justice Prathiba M Singh which said, “Good governance requires promises made to the citizens that are not broken.”
The single bench was of the opinion that “promises/assurances made by the Chief Minister of a state clearly constitute an enforceable promise, the implementation of which should be considered by the government. Good governance requires that promises made by the rulers to the citizens should not be broken without valid and justifiable reasons.”
The bench of Justice Prathiba M Singh had pronounced a verdict on the petitions filed by four daily wage earners, who claimed to be tenants who could not pay their monthly rent. The fifth petitioner in the matter is said to be a landlord who could not receive the monthly rent from his tenant. Both the groups of petitioners demanded the refund/payment/reimbursement of the monthly rent as promised by Kejriwal.
The petitioners had demanded enforcement of the promise made by the Chief Minister of Delhi in a press conference on March 29, 2020, in which he had asked all landlords to defer the collection/recovery of rent from poor and impoverished tenants in the wake of COVID-19 pandemic. The petitioners claim that the Chief Minister had clearly promised in the press conference that the government would pay the rent for tenants who were unable to pay the rent due to poverty. According to the petitioners, it was solemnly assured that the government would take care of the tenants.
In delivering the verdict, the single court begins with the phrase well-known in the social context: “Promises are made to be broken. However, the law has further developed the doctrines of reasonable expectation and estoppel to ensure that promises made by the government, its officials and other authorities are not broken and are in fact legally enforceable under certain conditions.”
The court had directed that the GNCTD, taking into account the statement made by the Chief Minister on March 29, 2020 to landlords and tenants, would take a decision on the implementation of the same within a period of 6 weeks. The said decision would be taken keeping in view the larger interests of the persons to whom the benefits in the said statement were to be provided and all overriding concerns of public interest. (ANI)
