Delhi Rent Control Act, 1958:
s.14(1)(e) - Constitutionality of - Held: s.14(1)(e) is violative of doctrine of equality embodied in Article 14 of
Constitution insofar as it discriminates between premises let
for residential and non-residential purposes when same are
required bona fide by landlord for occupation for himself or for
any member of his family dependent on him, and restricting latter's right to seek eviction of tenant from premises let for
residential purposes only- Discriminatory portion of s. 14(1 )(e)
struck down - While adopting this course, well recognized rule
kept in view that offending portion of statute can be severed
without doing violence to remaining part thereof - Legislation - Delhi Rent Control Act, 1995- s.22(r)- Constitution of India,
1950 - Article 14.
s.14(1)(e) - Constitutionality of - Held: s.14(1)(e) is violative of doctrine of equality embodied in Article 14 of
Constitution insofar as it discriminates between premises let
for residential and non-residential purposes when same are
required bona fide by landlord for occupation for himself or for
any member of his family dependent on him, and restricting latter's right to seek eviction of tenant from premises let for
residential purposes only- Discriminatory portion of s. 14(1 )(e)
struck down - While adopting this course, well recognized rule
kept in view that offending portion of statute can be severed
without doing violence to remaining part thereof - Legislation - Delhi Rent Control Act, 1995- s.22(r)- Constitution of India,
1950 - Article 14. s. 14(1)(e) on ground of violation of Article 14 of the Constitution - Legislation - Delhi Rent Control Act, 1995 - s. 22(r) -
Constitution of India, 1950 - Article 14.
Rent Control and eviction-History of Rent Control
Legislation discussed - Punjab Urban Rent Restriction Act, 1941 - Delhi Rent Control Ordinance, 1944 - Delhi and Ajmer Marwara Rent Control Act, 1947 - Delhi and Ajmer Rent
Control Act, 1952 - Delhi Rent Control Act, 1958 - Delhi Rent
Control Act, 1995.
Judicial notice - Delhi Rent Control Act, 1995 - Makes no distinction between premises let for residential and nonresidential purposes for seeking eviction on ground of bona
fide need - Although 1995 Act is yet to be enforced, judicial
notice taken of fact that legislature has removed implicit
embargo on landlord's right to recover possession of premises if same are bona fide required by him/her, after taking note of
developments which took place in the last 37 years i.e.
substantial increase in availability of commercial and nonresidential premises or premises which can be let for
commercial or non-residential purposes and meteoric rise in
prices of land and rentals of residential as well as non- residential premises.
Constitution of India, 1950:
Article 14 - Doctrine of equality - Applicability of -
Reasonable classification - Theory of.
Article 14 - Changed circumstances/Lapse of time -
Legislation- Constitutionality of- Held: Legislation which may
be quite reasonable and rationale at the time of its enactment
may with the lapse of time and/or due to change of circumstances become arbitrary, unreasonable and violative
of the doctrine of equity and even if the validity of such
legislation may have been upheld at a given point of time, the
Court may, in subsequent litigation, strike down the same if it
is found that the rationale of classification has become nonexistent.