RAM KRISHAN GROVER AND OTHERS versus UNION OF INDIA AND OTHERS

RAM KRISHAN GROVER AND OTHERS versus UNION OF INDIA AND OTHERS

Section 13-B of the East Punjab Urban Rent Restriction Act and its extension to Chandigarh by Notification dated 09.10.2009 are constitutionally valid as conditional delegation. Legislative competence is established, classification of NRI landlords is not arbitrary, and sufficient statutory safeguards for tenants exist. The appeals challenging these provisions fail.

Parties
Appellants: Ram Krishan Grover and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
14 November 2019
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court
Outcome
Appeals dismissed
Legal Topics
Conditional Delegation, Doctrine of Pith and Substance, Separation of Powers, Excessive Delegation, Legislative Competence, Classification Under Article 14, Summary Eviction Procedures, NRI Landlord Rights
Constitutional Law Administrative Law Property Law Rent Control Conditional Delegation Doctrine of Pith and Substance Separation of Powers Excessive Delegation +4 more

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Parties

Ram Krishan Grover and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

  1. 1 Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act as extended to Chandigarh
  2. 2 Validity of Notification dated 09.10.2009 issued under Section 87 of the Punjab Reorganisation Act, 1966
  3. 3 Legislative competence of State Legislature of Punjab to enact amendments regarding NRI landlords

Ratio Decidendi

Section 13-B of the East Punjab Urban Rent Restriction Act and its extension to Chandigarh by Notification dated 09.10.2009 are constitutionally valid as conditional delegation. Legislative competence is established, classification of NRI landlords is not arbitrary, and sufficient statutory safeguards for tenants exist. The appeals challenging these provisions fail.

Court Disposition

Appeals dismissed

Orders

  • Constitutional validity of Section 13-B and its extension to Chandigarh is upheld.
  • No order as to costs.