Big news is coming out from the national capital Delhi at this time. Delhi High Court has given a strong verdict in favor of all the house and property owners of the capital. In such a situation, the High Court has declared the Delhi Rent Control Act as inappropriate with time. The court also says that the gross misuse of this law has pushed the property owners into very disappointing situations. This is because in today’s time many tenants have been occupying these properties in an improper manner for decades.
Now, Justice Anoop Jairam Bhambhani is hearing the petitions against the 2013 orders of the Additional Rent Controller regarding this entire matter. During this hearing, Justice Anoop said that “The Delhi Rent Control Act is no longer in accordance with the needs of the changing times. It is being continuously misused, due to which the property owners have become evicted from their own property.” Actually, this entire comment was made during the entire case in which the eviction petition filed by the owners of a property in Sadar Bazar area of Delhi, who live in UK and Dubai, was rejected by the Additional Rent Controller. Due to which the High Court overturned the decision of the trial court and gave a verdict in favor of the owners.
Regarding this matter, it has also been said in the court that a large number of such cases have come up continuously where tenants who are financially very strong, have been occupying the property for years at a nominal rent. On the other hand, the landlord is not able to take advantage of his properties only because of this old law.
In this case that has come up now, the petitioner is running a restaurant in London and he had demanded to vacate his property due to his plan to expand his business in India. But under the ARC rule, his demand was also completely rejected by saying that the petitioner is permanently settled abroad and that premises is not necessary for him.
But the court completely rejected this whole thing. It has been said that whether a person wants to do business in India or not is his personal decision. This court cannot decide who will do business where.
The Delhi High Court, while giving its verdict in favour of the property owners, also issued an order to evict the tenants. The court has even said that to expand business in India, it is mandatory for Indian citizens to get legal rights over their property. Whether they live abroad or not.