Court emphasizes the unenforceability of statements not backed by formal policy, while upholding tenant protection during COVID-19 lockdown.
In a significant judgment, the Delhi High Court has ruled that the statement made by the Chief Minister of Delhi during a press conference, promising the payment of rent for impoverished migrant tenants during the COVID-19 lockdown, does not constitute a legally enforceable promise. The Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla emphasized that such assurances, absent formal policy or executive backing, cannot be enforced through a writ of mandamus.
The case, Government of NCT of Delhi v. Najma, revolved around a statement made by the Chief Minister in March 2020, assuring landlords that the government would pay the rent for tenants unable to do so due to the pandemic. However, the court clarified that while the directive from the Delhi Disaster Management Authority (DDMA) prohibiting landlords from demanding rent during the lockdown was enforceable, there was no legal obligation for the government to pay the rent in the absence of a formal policy decision.
The court held that promissory estoppel and legitimate expectation principles do not apply to statements made in press conferences without legislative or executive backing. It further noted that the doctrine of legitimate expectation cannot create a legal right but only an expectation, and no mandamus can be issued to enforce a statement made without any legal authority.
The judgment provides clarity on the limitations of political promises made during public addresses and underscores the necessity for such statements to be backed by formal governmental action to be enforceable. The court's decision allows landlords to recover rent only for the period post-lockdown, as the DDMA's order during the lockdown remains binding.
The ruling comes as a relief to landlords while highlighting the importance of formalizing governmental promises, especially during crises, to avoid legal ambiguities and ensure protection for vulnerable populations.
Bottom Line:
The statement made by the Chief Minister in a press conference, not backed by any formal policy decision or executive order, is unenforceable in law. A writ of mandamus cannot be issued to compel the government to implement such a statement.
Statutory provision(s): Constitution of India - Article 226, Disaster Management Act, 2005, Epidemic Diseases Act, 1897.
Government of NCT of Delhi v. Najma, (Delhi)(DB) : Law Finder Doc id # 2878290
