Case Note & Summary
The Supreme Court addressed the constitutional validity of Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, which exempted buildings completed after the Act's commencement from its provisions for ten years. The petitioners contended that this created arbitrary discrimination between landlords and tenants of buildings constructed before and after the Act's commencement, violating Article 14 of the Constitution. They argued that the retrospective application of the amendment infringed on tenants' vested rights. The Court dismissed these claims, asserting that the exemption was a legitimate legislative measure aimed at encouraging new construction to address housing shortages. The Court found that the classification based on the date of construction had a rational basis and did not constitute invidious discrimination. It emphasized that the provision was not retrospective, as it applied only to buildings completed after the amendment. The Court upheld the validity of the provision, concluding that it served the public interest by promoting new housing developments. The writ petitions were dismissed without costs.
Headnote
A) Constitutional Law - Discrimination under Article 14 - Validity of Section 1(3) - Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) - The provision does not create invidious discrimination between landlords and tenants based on the date of construction of buildings. The classification has a rational basis and serves the legislative purpose of encouraging new constructions to alleviate housing shortages. Held that the provision is constitutionally valid (Paras 860-871).
Issue of Consideration
Whether Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 is constitutionally valid and whether it operates retrospectively.
Final Decision
The Supreme Court upheld the constitutional validity of Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, ruling that it does not violate Article 14 and operates prospectively. The writ petitions were dismissed without costs.
Law Points
- Constitutional validity
- Rent Control Legislation
- Exemption period
- Discrimination under Article 14
- Retrospective operation
- Legislative policy
