Delhi High Court Sets Aside Single Judge Directive To Enforce Former CM Arvind Kejriwal's Speech Promising Rent Relief For Poor

The Delhi High Court on Wednesday set aside a single judge directive making promises extended by former Chief Minister Arvind Kejriwal for payment of rent on behalf of poor tenants in 2020 “legally enforceable.”

A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla modified the single judge ruling and rejected the prayer in the petition seeking a direction to hold statement made by Kejriwal in the press conference as an assurance, by calling it “misconceived.”

The Court held that no mandamus can be issued to direct the enforcement of promise or the statement made by the then Chief Minister Kejriwal.

"We, therefore, dispose of this appeal by modifying the directions contained in the implant judgement in the following terms. One, the prayer and the writ petition for a direction to the State to implement the assurance contained in the press conference dated 29th, March 2020 of the Chief Minister is misconceived, and this accordingly rejected," the Court ordered.

It added that in view of order passed by Delhi Disaster Management Authority in March 2020 which was never challenged, the landlords cannot be allowed to recover from their migrant tenants the rent for the period during which they continue to occupy their tenanted premises but were unable to move out or even to the COVID-19 lockdown.

“This would not, however, inhibit the state government from taking a policy decision regarding the assurance given by the former chief minister regarding the state paying the rent of the migrants, should it so deem appropriate,” it said.

“We reiterate our clear opinion, however, that no mandamus could be issued to enforce the statement made by the then Chief Minister in the press conference dated 29th March 2020,” the Bench ruled.

The appeal was filed by the Delhi Government claimed that Kejriwal's statement was not a "promise".

Four days into the nation-wide lockdown, i.e., on March 29, 2020, the Delhi CM apparently held a press conference requesting all landlords to postpone the demand/collection of rent from those tenants who were poor and poverty stricken. Arvind Kejriwal had further said that the Government would pay rent on behalf of tenants if they are unable to do so due to poverty.

In its ruling passed on July 22, 2021, the single judge had held that a promise or assurance given by the Chief Minister in a press conference amounts to an enforceable promise and that a CM is expected to exercise his authority to give effect to such a promise.

The single judge was dealing with a petition filed by daily wage labourers/ workers, who were unable to pay their monthly rent, seeking enforcement of Kejriwal's promise.

On September 27, 2021, a division bench had stayed the operation of the order in Delhi Government's appeal.

Later, on February 28, 2022, the Supreme Court dismissed the SLP filed by the petitioner workers against the stay.

Thereafter, on July 05, 2022, another coordinate bench of the High Court had refused to vacate the stay. The application was filed by daily wage labourers and workers who were petitioners before the Single Judge.

Case Title: GNCTD vs Najma & Ors