HC junks PIL for rent waiver, slaps cost of Rs 10k on petitioner

The high court said a waiver of rent cannot be granted by the court as payment of rent is based on a contract between tenant and landlord and it ought to be kept in mind that even the landlords can be financially dependent on the rent. While refusing to entertain the petition, the high court also imposed cost of Rs 10,000 on the petitioner-lawyer for "wasting judicial time" and said the plea was "thoroughly misconceived and baseless".

The Delhi High Court has dismissed a plea seeking directions to waive rent payable by tenants during COVID-19 lockdown, saying it will be "extremely slow to interfere in contractual terms" between landlords and tenants. The high court said a waiver of rent cannot be granted by the court as payment of rent is based on a contract between tenant and landlord and it ought to be kept in mind that even the landlords can be financially dependent on the rent.

While refusing to entertain the petition, the high court also imposed cost of Rs 10,000 on the petitioner-lawyer for "wasting judicial time" and said the plea was "thoroughly misconceived and baseless". It further said the petition was a "publicity interest litigation" and not in public interest.

In its order delivered on June 15, but made available on Wednesday, a bench of Chief Justice D N Patel and Justice Prateek Jalan said it was not inclined to entertain the matter as it found that "it is an abuse of the process of the law". "The powers/discretion for waiving off such consideration (rent) vests first with the landlords, who are contractually entitled to the same. This court will be extremely slow in interfering with the contractual terms..," the bench said.

It further said that the petition, by Gaurav Jain, proceeds on the presumption that tenants alone are suffering from financial hardship or economic consequences of the pandemic and resultant lockdown. "However,  it ought to be kept in mind that even the landlords can be financially dependent on the rent," it added.

The high court also noted in its order that it had warned Jain, that if he presses the petition, it would be dismissed with costs. "We cautioned the petitioner because he is a practicing lawyer. Despite that, the petitioner continued to address arguments wasting valuable judicial time.

"We deprecate this conduct of the petitioner. In view of the aforesaid observations of this court, we hereby dismiss this writ petition with costs of Rs 10,000," the bench said. It directed that the amount be deposited with the Delhi State Legal Services Authority within four weeks of resumption of physical functioning of the courts.

The bench also said that the amount will be utilized for COVID relief and welfare measures. Jain, in his plea, had sought waiver of rent payable by tenants during lockdown and that they be not evicted for not paying the same..