New Delhi: A chief minister’s public assurance would not be enforceable in law, even if the citizens to whom it was made believed it to be so, unless backed by a policy decision, Delhi High Court said on Monday.HC modified a 2021 decision of a single judge on the issue and noted that a statement by then CM Arvind Kejriwal — made at a press conference on March 29, 2020 — that the state would pay rent on behalf of migrant tenants during the Covid-19 lockdown cannot be enforced legally. There was no follow-up official documentation in the form of an order, office memorandum, notification, circular or any other instrument having the force of law, a bench of Justices C Hari Shankar and Om Prakash Shukla noted.“The assurance was apparently made in the heat of the situation, which was unquestionably unprecedented,” the court observed, adding that it appeared to have been taken “on the spur of the moment” to prod migrant tenants to remain indoors, but it was without any legal authority.HC pointed out that while CM’s statement carried a qualitatively different gravitas than a mere campaign promise, it still required support of a formal executive order.“We are prima facie of the opinion that the assurance, by the then CM, that the State would bear the rent of all migrants, was not made after the requisite degree of study and application of mind to all relevant aspects,” HC observed.“We are clear in our mind that the state govt of the day ought to have translated the assurance given by CM into a written document, so that it would acquire legal form and sanctity,” it further said.The court agreed with govt’s standing counsel Sameer Vashisht that unlike the assurance that landlords would not recover rent from migrant tenants during the lockdown period, which was announced by way of a Delhi Disaster Management Authority (DDMA) notice, the authorities did not envisage payment of said rent by the State. The bench highlighted that for “reasons unknown, the executive of the day was itself unwilling to manifest the assurance, given by CM, in an enforceable policy decision”.The case stemmed from a petition filed by five daily wagers who were unable to pay rent during the lockdown and wanted govt to fulfil CM’s public announcement.In 2021, a single judge had directed Delhi govt to come up with a “clear policy” on implementing the assurance, adding that the decision should be taken “bearing in mind the larger interest of the persons” for whom the benefits were intended.However, Delhi govt later challenged the verdict, arguing that the statement was only an appeal to landlords not to pressure tenants, and not a firm promise. It argued that govt had only said it would “look into” the issue if needed.On Monday, HC said since the DDMA order was never challenged, landlords cannot be allowed to recover from their migrant tenants the rent for the period they were unable to move out owing to the Covid-induced lockdown.
