The joint petition of Punjab and Haryana High Court Bar Association (PHHCBA) and District Bar Association, Chandigarh challenging May 6 notification of adoption of Assam Tenancy Act of 2021 is likely to be taken up on Tuesday.
With May 6 notification the administration repealed the East Punjab Urban Rent Restriction Act, 1949 and introduced new law. Lawyers at district court are on strike against the UT’s move.
The plea says, the Punjab Reorganisation Act, 1966 gives Centre the power to extend any law that is in force in Punjab to Chandigarh. However, it does not give the power to repeal, amend or even enact laws in conflict with the existing law. Hence, the move is unconstitutional. The second ground is that while extending this Act, Tehsildar has been made as rent authority and additional deputy commissioner has been appointed as the appellate authority/rent court whereas under the earlier Rent Act it was before the judicial officers– sub judge 1st class and appellate authority was the district judge,it said.
Earlier also similar attempts were made by the Punjab and Haryana and when the courts interfered, powers from the executive were taken back and restored to judicial courts. The judicial functions in any case cannot be delegated to the executive officer once the proceedings under the impugned Act itself have been defined as “judicial proceedings”.
The present legislation is total non-application of mind and rather the entire Act does not give any protection to the tenants, the plea said adding that it is a beneficial legislation and is primarily meant for the protection of the tenants. However, the impugned notification not only enables the landlords to get the premises vacated on vague grounds but also entitles them to unnecessary benefits in the form of double/four times of the settled rent, which is not even prescribed under the normal provisions of Transfer of Property Act, 1882, the plea said.
