Bring State Legislation To Cover Future & Past Tenancies; Why Wait For Centre's Model Tenancy Law? : Supreme Court Tells UP Govt.

The Supreme Court has observed that the State of Uttar Pradesh has to bring forth its own State legislation so as to cover not only future but past tenancies also.

This observation was made after the State submitted that the Central Government has framed a model tenancy law which is awaiting final approval and that is the reason the State Government did not issue the Ordinance which is already ready. 

"We are of the view that the State Government in any case has some guidance from this model draft legislation and has to bring forth its own State legislation so as to cover not only future but past tenancies also. We see no reason why in a federal structure and considering the requirement of each State, the State of Uttar Pradesh has to wait for the ultimate shape of this model legislation.", the bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy observed.

The state then sought two weeks' time for issuance of the Ordinance. The case is now posted for directions on 20th November, 2020.

Allahabad HC Judgment

"it is for the State legislature to take into account, after considering the relevant material, which includes collection of data and statistics, and the needs of the society with fair representation of class of persons, who are owners of the building and tenants to make provisions for periodical increase of agreed rent to those buildings, who still continue to enjoy the protection of the U.P. Act No.13 of 1972. The State Government may consider to appoint a Commission, for such purpose and to consider its recommendations for making appropriate amendments to the Act.", the High Court had observed in its judgment (now impugned in the civil appeal before Supreme Court) delivered in 2014. The High Court had dismissed the writ petition which sought to declare U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972as ultra vires the Constitution of India.

Case: NEENA JAIN vs. STATE OF U.P. [CA No(s). 1082-1083/2017]
Coram: Justices Sanjay Kishan Kaul and Hrishikesh Roy 

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