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On 22 July, the Delhi High Court has directed Delhi Chief Minister Arvind Kejriwal to pay the rent of poor tenants, as promised by him during a press conference.
The Bench of Justice Prathiba M Singh noted that assurance/promise given by the chief minister is enforceable, both under the legal doctrines of promissory estoppel and legitimate expectations.
While holding that the promises made by the chief minister are enforceable under law, the court directed the Delhi government to frame a policy to implement the promise of paying rent of poor tenants.
The court further stated that the said policy shall bear in mind the larger interest of the persons to whom the benefits were intended to be extended in CM's statement, as well as other overriding public interest concerns.
Calling the fulfillment of the CM's promise a 'solemn duty' of the government, the court said:
The petitioners were relying upon the chief minister's press conference dated 29 March 2020, wherein he had requested all landlords to postpone the demand/collection of rent from those tenants who are poor and poverty stricken.
Appearing for the petitioners, Advocate Gaurav Jain argued that when such a promise/assurance is given by the chief minister, who is the government's highest functionary, citizens are entitled to seek enforcement of such promises on the basis of the doctrine of legitimate expectation.
Jain further submitted that Right to Shelter is a fundamental right and the government, having made a clear representation to the citizens, would be bound by the said representation.
However, senior advocate Rahul Mehra, who was appearing for the Delhi government, countered this claim by contending that the doctrine of legitimate expectation can only be based on actual governmental policy or a governmental notification or an executive decision, and not on a mere political statement.
The court rejected Mehra's argument and noted 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.
The court further said that an assurance given by the CM, in a press conference, ie a public platform, even without resulting in a formal policy or an order on behalf of the government, would create a valuable and legal right by applying the doctrine of promissory estoppel.
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