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HC stays amended Punjab Rent Act giving more powers to SDMs
Tribune News Service

Was to come into force from Nov 30 Under the new provisions, SDMs were given powers to hear rent disputes between landlords and tenants Till now, all rent cases are heard by judicial courts The amended provisions of the Rent Act were to come into force from November 30

Chandigarh, November 27
Just only three days before the implementation of the amended provisions of the Rent Act — permitting disputes to be heard by sub-divisional magistrates and tribunals — the Punjab and Haryana High Court today stayed the process.

The High Court made it clear that executive officers could not take over judicial functions; and indicated that the state at the highest level should reconsider the policy.

This is significant as the amended provisions were to come into force from November 30. Dictating the order in the open court this morning, Chief Justice Sanjay Kishan Kaul observed that the executive officers could not take over judicial functions.

The Bench of Chief Justice Kaul and Justice Augustine George Masih also admitted for regular hearing the petition against the rent Act amendments.

The order also makes it clear that the Punjab Government should reconsider the policy at the highest level from the standpoint of jurisdiction of rent authorities; and the pendency of writ petition should not be an impediment for the state to re-evaluate its notification.

Apparently displeased over the amendments, the Bench on the previous date of hearing had questioned the rationale behind introducing provisions of taking away powers of the court.