Press statement not legally binding: Delhi HC sets aside 2021 order on Arvind Kejriwal's rent assurance

New Delhi: In an important decision, the Delhi High Court has overturned a 2021 single-judge order which had said that former Chief Minister Arvind Kejriwal's announcement during the COVID-19 lockdown about paying rent for poor tenants was legally enforceable.

A Division Bench of Justices C Hari Shankar and Om Prakash Shukla clarified that a statement made during a press conference cannot be treated as a legal promise enforceable by courts. The Bench emphasised that no writ of mandamus can compel the government to implement such an assurance.

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The Bench held that the demand to implement the Chief Minister's announcement made on March 29, 2020, is not valid in law and therefore stands rejected. It also pointed out that this assurance was not part of any official order, including the Delhi Disaster Management Authority (DDMA) Order issued on the same day, which has never been challenged.

However, the Court gave some relief to tenants. It said that landlords cannot ask migrant tenants to pay rent for the period when they were unable to leave their rented homes due to the COVID-19 lockdown. At the same time, the Court clarified that this benefit is only for the lockdown period and will not apply beyond that.

The Court also said that the Delhi Government is free to take a policy decision on whether it wants to help tenants by paying rent, but such a decision cannot be forced by the Court. It added that the financial and practical impact of such a promise is unclear, and the statement appears to have been made in an emergency situation.

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The case originated from a July 22, 2021, order of a single judge, who had said that a Chief Minister's promise can be enforced and had asked the government to come up with a policy within a fixed time.

This order was passed on a petition filed by five daily wage workers who were unable to pay rent during the lockdown and wanted the government to fulfil the Chief Minister's announcement.

The Delhi Government challenged this order, saying that the statement was only an appeal to landlords not to pressure tenants and not a firm promise. It argued that the government had only said it would "look into" the issue if needed.

Earlier, on September 27, 2021, the Division Bench had stayed the single-judge order, saying that implementing it could cause serious problems for the government. With this final judgment, the High Court has now overturned the earlier order and disposed of the appeal, with no order as to costs.