Court Keeps Notification in Abeyance Citing Lack of Infrastructure and Legal Challenges
In a significant decision, the Punjab and Haryana High Court has issued an interim order to keep the notification extending the Assam Tenancy Act, 2021 to the Union Territory of Chandigarh in abeyance. The order was passed in response to a petition filed by the Punjab and Haryana High Court Bar Association challenging the notification dated 06.05.2026, which sought to replace the existing East Punjab Urban Rent Restriction Act, 1949 with the Assam Tenancy Act.
The bench, comprising Justices Harsimran Singh Sethi and Deepak Manchanda, observed that the implementation of the new Act was fraught with issues, including the absence of necessary rules and infrastructure. The court noted that the notification had been issued without preparing the groundwork required for its effective implementation, leaving the public without a remedy for rent disputes.
The petitioners argued that the Union of India exceeded its jurisdiction under Section 87 of the Punjab Reorganization Act, 1966, by attempting to repeal the 1949 Act. They contended that the section only allows for additions to existing laws, not their repeal. Furthermore, concerns were raised about the shift of adjudicatory powers from judicial officers to executive authorities under the 2021 Act, which the court agreed to examine for compliance with settled legal principles.
The court also highlighted the practical difficulties arising from the transition to the new Act. Since the notification's issuance, rent-related grievances have been left unaddressed due to the lack of an operational framework, causing significant inconvenience to the public. Approximately 30-50 rent-related cases were reportedly filed daily under the 1949 Act, a process now stalled.
In its order, the court emphasized the necessity of a seamless transition to prevent legal ambiguities and ensure public access to remedies. The interim order allows the 1949 Act to remain in force until the next hearing on July 14, 2026, ensuring that individuals with rent disputes can continue to seek redress under the established legal framework.
The respondents have been granted time to respond to the petition, and the court has permitted the creation of the required infrastructure and rules for the new Act in the meantime. This measure aims to enable swift implementation should the court eventually uphold the notification.
This development marks a crucial intervention by the judiciary to uphold legal consistency and prevent public inconvenience amidst legislative changes.
Bottom line:-
Notification issued under Section 87 of the Punjab Reorganization Act, 1966, extending Assam Tenancy Act, 2021 to U.T. Chandigarh, has been kept in abeyance due to lack of rules, infrastructure, and unresolved legal challenges, ensuring East Punjab Urban Rent Restriction Act, 1949 remains operative to avoid leaving the public remediless for rent disputes.
Statutory provision(s): Section 87 of the Punjab Reorganization Act, 1966, Assam Tenancy Act, 2021, East Punjab Urban Rent Restriction Act, 1949
