Friday, 29 August 2014

DELHI RENT CONTROL ACT 1958

DELHI RENT CONTROL ACT 1958 WHICH SAW THE LIGHT OF THE DAY IN SPECIAL CIRCUMSTANCES OF POST PARTITION DAYS. AT THAT TIME NUMBER OF FAMILIES         HAD COME TO DELHI AND GOVERNMENT OF THE DAY WAS UNDER PRESSURE TO PROVIDE HOUSING TO ALL SUCH DISPLACED PERSONS.

THE DELHI RENT CONTROL ACT WAS LEGISLATED TO PROVIDE CHEAP AFFORDABLE HOUSING TO ALL THOSE HOMELESS DISPLACED PERSONS and ALSO PROVIDE SECURITY AGAINST IRRATIONAL RENT HIKE AND EVICTION.

IF WE SEE IN THE GLOBAL PERSPECTIVE IT IS NOTICED THAT ..WAR CONDITIONS WHEN INDUCED or  BROUGHT IN, LARGE UNEXPECTED INFLUX OF POPULATION INTO A TOWN/CITY/STATE,..., THE LOCAL BODIES legislated SUCH PROTECTIVE LAWS FOR THE WEAKER POPULATION OF DISPLACED/INFLUX POPULATION .

THE QUESTION NOW ARISES WHETHER THE TENANTS AFTER 50-60 YRS OF INDEPENDENCE, ARE STILL A WEAKER CLASS & SUSCEPTIBLE TO PRESSURE OF HIGH EXORBITANT  RATES OF RENT AND FREQUENT UNWARRANTED EVICTIONS.

IF THE LEGISLATORS ,JUDICIARY HAS THE NORMAL SENSITIVITY THEY MUST BE AWARE OF THE FACT THAT small PREMISES OWNERS WHO HAVE LET 1 OR 2 ROOMS OF THEIR HOUSES ,TO HAVE SOME EXTRA MONEY, ARE THE REAL SUFFERING CLASS TODAY.

THE TERM LAND LORD IS ALSO A MISNOMER BECAUSE IT IMPLIES A LORD LIKE IMAGE OF THE  SMALL PREMISES OWNER.THE PROTECTED TENANT IN MOST OF THE CASES IS LIVING A LAVISH LIFE AND RIDICULES LANDLORD BY PAYING HIM THE RENT OF SIXTIES OR SEVENTIES....... AND IN MOST OF THE CASES DRAGGING HIM TO COURTS FOR CLAIMING OF THE RENT WHICH IS IN TENS OR HUNDREDS....

THE LITIGATION  IN RENT CONTROLLERS COURTS ARE DRAGGED FOR YEARS,WHERE APPLICATIONS AFTER APPLICATIONS ARE FILED BY TENANTS TO DRAG/DELAY PROCEEDINGS followed by ..REPLY /....ARGUMENTS etc ... DRAG THE LITIGATION  FOR YEARS.
 "IN THE INTEREST OF JUSTICE" MANY THINGS HAVE TO BE PERMITTED BY THE COURTS WHICH EVEN THOUGH PRIMA-FACIA APPEAR TO BE INTENDED OTHERWISE.

THE RENTS FIXED IN SIXTIES HAVE NOT EVEN BEEN PERMITTED TO BE RAISED TO COUNTER THE 9% INFLATION OF INDIAN ECONOMY,DESPITE EVEN COURTS REALIZING THIS FACT.ALSO THE DELHI RENT ACT 1995 WHICH WAS ENACTED IN 1995,WITH A VIEW TO BALANCE THE CONFLICTING RIGHTS OF LANDLORD AND TENANTS , WAS QUIETLY BURIED BY THE  UNPOPULAR GOVERNMENT AT THE FAG END OF ITS TENURE.

.................TO BE CONTINUED

    

THE INDIA UNDER MODI IS SUPER ACTIVE TODAY

THE INDIA UNDER MODI IS SUPER ACTIVE

"JASS RAJA TASS PRAJA" IS THE GOVERNING PHRASE
&
WE ALL KNOW
THAT
"MODI JI HAS SAID
NA SOUNGA NA SONE DOONGA.".....
NEXT CAME THE COMMANDENT
"NA KHAUNGA NA KHAANE DOONGA"

WE ALL HAVE TO WRITE BLOGS AND SHAKE UP OUR GOVERNMENT
WHICH HAS A TENDENCY TO REMAIN
&
WHICH REMAINED IN A STATE OF INERTIA
ALL THESE DECADES.............

LET US KEEP POSTING ABOUT THE OBSOLETE LAWS WHICH ARE NOT FAIR TO US
& TELL GUV THAT ...........
SUCH ACTS NEED TO BE REPEALED ALTOGETHER OR AMENDED DRASTICALLY.......