As Promised in Press Conference, Pay Rent For Poor Tenants: What Delhi HC Told Arvind Kejriwal
A chief minister¡¯s promise to citizens is clearly enforceable , the Delhi High Court ruled while directing the AAP government to decide on Arvind Kejriwal¡¯s announcement that if a poor tenant was unable to pay rent during the COVID-19 pandemic, the state would pay it.
"Enforceable promise"
The high court said the decision, which has to be taken within six weeks, would keep in mind the larger interest of the people for whom the benefit was intended as per Delhi Chief Minister¡¯s statement and thereafter, the AAP government would frame a clear policy in this regard.
"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 by the government. Good governance requires that promises made to citizens, by those who govern, are not broken, without valid and justifiable reasons," Justice Prathiba M. Singh said.?
'Frame a policy'
While holding that the promises made by the chief minister are enforceable under law, the court directed the Delhi government to frame a policy to implement the promise of paying rent of poor tenants.
"The GNCTD (Delhi Government) would, having regard to the statement made by the CM on 29 March, 2020, to landlords and tenants, take a decision as to the implementation of the same within a period of 6 weeks," the court said.??
?The court further stated that the said policy shall bear in mind the larger interest of the persons to whom the benefits were intended to be extended in CM's statement, as well as other overriding public interest concerns.
The petition?
The judgment was passed on a plea by petitioners which included daily wage labourers, who claimed to be tenants unable to pay their rents after COVID-19 economic slowdown.
Calling the fulfillment of the CM's promise a 'solemn duty' of the government, the court said:"Once the CM had made a solemn assurance, there was a duty cast on the GNCTD to take a stand as to whether to enforce the said promise or not, and if so on what grounds or on the basis of what reasons."?
The petitioners were relying upon the chief minister's press conference dated 29 March 2020, wherein he had requested all landlords to postpone the demand/collection of rent from those tenants who are poor and poverty stricken.
While requesting landlords to talk to their tenants and postpone the collection of rents, it is alleged that the CM, in the press conference, made a clear promise that if any tenant is unable to pay the rent, the government would pay his/her rent on their behalf.
'Trust is completely breached'
Appearing for the petitioners, Advocate Gaurav Jain argued that when such a promise/assurance is given by the chief minister, who is the government's highest functionary, citizens are entitled to seek enforcement of such promises on the basis of the doctrine of legitimate expectation.
Jain further submitted that Right to Shelter is a fundamental right and the government, having made a clear representation to the citizens, would be bound by the said representation.
"The trust which was reposed on the constitutional functionary, ie, the CM, by the citizens is completely breached if the government is not held to the promise made on its behalf by its highest functionary," Jain said.
