Delhi HC orders AAP Govt. to pay rent for poor tenants as promised in press conference

Read judgment: Najma vs. Govt of NCT of Delhi

LE Staff

New Delhi, July 23, 2021: The Delhi High Court has ruled that a promise, assurance or representation given by the Chief Minister of a state in a press conference amounts to an enforceable promise and the same has to be implemented by the government. 

The Bench of Justice Prathiba M Singh, therefore, ordered that Delhi government is bound by the assurance given by Delhi Chief Minister Arvind Kejriwal in his press conference of March 29, 2020 in which he said that Delhi government would to pay rents on behalf of poor tenants if any tenant is unable to pay the same. 

The High Court ruled that the assurance/promise given by the Chief Minister is enforceable, both on the basis of the doctrines of promissory estoppel and legitimate expectations.

Reiterating that good governance requires that promises made to citizens, by those who govern, are not broken without valid and justifiable reasons, the High Court ordered the Delhi government to take steps to frame a policy to carry out the assurance given by the CM and to give reasons if they decide not to implement the CM’s proposal.

Adding that the Delhi government would, having regard to the statement made by the CM on March 29, 2020, to landlords and tenants, take a decision as to the implementation of the same within a period of six weeks, Justice Singh said that such decision shall bear in mind the larger interest of the people to whom the benefits were intended to be extended. 

Adverting to a plea by daily wage labourers who claimed to be tenants and were unable to pay their rents after the COVID-19 economic slowdown, and one of the petitioners who was a landlord claiming to be not getting his monthly rent, the Delhi CM in a press conference requested all landlords to postpone the demand/collection of rent from those tenants who are poor. 

The counsel for petitioner, therefore, contended that when such an assurance is given by the Chief Minister, then the citizens of such State are entitled to seek enforcement of such assurance on the basis of the doctrine of legitimate expectation.

Claiming that ‘Right to Shelter’ is a fundamental right, the counsel pleaded that failure to perform the promise made by the government to its citizens would amount to breach of trust. 

Opposing the same, the counsel for the State submitted that mere political statement does not come within the ambit of ‘doctrine of legitimate expectation’ and the same merits enforcement only if supported by a governmental notification. 

After considering the arguments, the High Court observed that a person who holds an elected office in a democratic setup and especially heads the government, is expected to make responsible assurances to its citizens, especially in times of crisis and distress. 

Adding that the commitment made by the CM is lack of decision making, Justice Singh stated that a statement given in a consciously held press conference, in the background of the lockdown announced due to the pandemic and the mass exodus of migrant labourers, cannot be simply overlooked

“Once the CM had made a solemn assurance, there was a duty cast on the GNCTD to take a stand as to whether to enforce the said promise or not, and if so on what grounds or on the basis of what reasons,” added the High Court. 

The High Court, therefore, concluded that an assurance given by the Chief Minister in a public platform, even without resulting in a formal policy or an order on behalf of the government, would create a legal right by applying the doctrine of promissory estoppel.