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SATYAWATI SHARMA (DEAD) BY LRS. vs. UNION OF INDIA AND ANR.

SCR Citation: [2008] 6 S.C.R. 566
Year/Volume: 2008/ Volume 6
Date of Judgment: 16 April 2008
Petitioner: SATYAWATI SHARMA (DEAD) BY LRS.
Disposal Nature: Appeals Allowed
Neutral Citation: 2008 INSC 495
Judgment Delivered by: Hon'ble Mr. Justice G.S. Singhvi
Respondent: UNION OF INDIA AND ANR.
Case Type: CIVIL APPEAL /1897/2003
Order/Judgment: Judgment
1. Headnote

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. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Delhi Rent Control Act
  • 1958: s.14(1)(e)
5. Equivalent citation
    Citation(s) 2008 AIR 3148 = 2008 (5) SCC 287 = 2008 (5) Suppl. SCC 287 = 2008 (5) JT 376 = 2008 (5) Suppl. JT 376 = 2008 (6) SCALE 325