Statutory Appeal Against Orders Of Chhattisgarh Rent Control Tribunal To Supreme Court: SC Questions Legislative Competence Of State [Read Order]

The Apex Court will consider the issue whether the state of Chhattisgarh has legislative competence to provide for a statutory appeal to Supreme Court against an order passed by Rent Control Tribunal.

Section 13(2) of the Chhattisgarh Rent Control Act, 2011 provides for an appeal to the Supreme Court of India against the order of the Rent Control Tribunal, Chhattisgarh.

While considering an appeal filed against an order passed by the Tribunal, the bench comprising Chief Justice of India Ranjan Gogoi, Justice Deepak Gupta and Justice Aniruddha Bose issued notice to the Advocate General of the State of Chhattisgarh and the Attorney General for India.

The Act mandates the State to appoint Rent Controllers in every district who shall be an officer not below the rank of a Deputy Collector. The Rent Control Tribunal is an appellate forum before which orders of the Rent Controller can be challenged. Chairman of the Tribunal is a District Judge. 

The Delhi Rent Control Act also has a similar hierarchy of rent control authorities, but the appeal from Rent Control Tribunal is to be filed before the Delhi High Court.

Section 31 of the Armed Forces Tribunal Act, which is central legislation, provides an appeal to Supreme Court with the leave of the Tribunal and such leave can be granted on the ground "that a point of law of general public importance" or "it appears to the Supreme Court that the point is one which ought to be considered by that Court. Similarly Companies Act 2013, which is also a central legislation, provides appeal against orders of National Company Law Appellate Tribunal to Supreme Court.

Item 77 of the Union list gives power to the Parliament to legislate on Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court) whereas item 64 of the State list empowers the state to legislate on jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list.

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