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TMI Blog2003 (10) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... of reasonableness in the rent. Escalation of prices in the urban properties, land, materials and houses must be rationally checked. This country very vitally and very urgently requires a National Housing Policy if we want to prevent a major breakdown of law and order and gradual disillusionment of people. After all shelter is one of our fundamental rights. New national housing policy must attract new buildings, encourage new buildings, make available new spaces, rationalise the rent structure and rationalise the rent provisions and bring certain amount of uniformity though leaving scope for sufficient flexibility among the States to adjust such legislation according to its needs. This Court and the High Court should also be relieved of the heavy burdens of this rent litigations. Tier of appeals should be curtailed. Laws must be simple, rational and clear. Tenants are in all cases not the weaker sections. There are those who are weak both among the landlords as well as the tenants. Litigations must come to end quickly. Such new Housing Policy must comprehend the present and anticipate the future. The idea of a National Rent Tribunal on an All India basis with quicker procedure shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re-examined to decide whether the Act should be notified as assented to by the President, or it should be amended in the light of the representations that had been received. After detailed examination, it was finally decided to carry out the amendments to the Act before notifying it. Accordingly the Delhi Rent (Amendment) Bill, 1997 was drafted and introduced in the Rajya Sabha on 28th July, 1997. The Bill was referred to the Parliamentary Standing Committee which examined the amendments suggested in depth. The Parliamentary Standing Committee finalised its Report in December, 2000. The Government considered the Report and accepted all the recommendations of the Committee on 3rd April, 2001 and notice for moving the official amendments in respect of Delhi Rent (Amendment) Bill, 1997 was accordingly sent to the Secretary General, Rajya Sabha in July, 2001. Because of the workload the Bill could not be taken up for consideration in the Rajya Sabha and is expected to be taken up shortly. Since the Government wanted to introduce the Amendments Bill of 1997, the Original Act was not notified. It was further averred that the enforcement of the Act has been delayed for the above stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued. Accordingly, he passed the following order: "Consequently. I am of the view that even a writ of mandamus as postulated by Aeltemesh Rein need not be issued, since the response of the Central Government is already known. Moreover, it is well settled that the Courts do not issue infructuous writs or writs which are of an academic nature. However, since this is not an issue before me, I leave it as that." The third Judge directed that the case be listed before the Division Bench for appropriate orders, subject to the orders of Hon'ble the Chief Justice. Thereafter the matter was placed before the Division Bench. Before the Division Bench, in response to the limited mandamus which had been issued in accordance with the view of the majority, the Central Government filed an affidavit reporting compliance therewith. In view of the affidavit of compliance the writ petition was ordered to be disposed of. On an oral prayer made by the counsel for the petitioner the Division Bench granted Certificate of Fitness under Article 134(A) of the Constitution of India for filing appeals to this Court. Accordingly, the present appeals have been filed. Counsel for the appellant contended t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That makes it difficult for us to substitute our own judgment for that of the government on the question whether Section 3 of the Amendment Act should be brought into force....It is for these reasons that we are unable to accept the submission that by issuing a mandamus, the Central Government must be compelled to bring the provisions of Section 3 of the Forty- fourth Amendment into force" It was further observed: "..As long as the majority view expressed in the above decision holds the field it is not open to this Court to issue a writ in the nature of mandamus directing the Central Government to bring Section 30 of the Act into force. But, we are of the view that this decision does not come in the way of this Court issuing a writ in the nature of mandamus to the Central Government to consider whether the time for bringing Section 30 of the Act into force has arrived or not .." This point was again considered by this Court in a recent case in Union of India vs. Shree Gajanan Maharaj Sansthan [ 2002 (5) SCC 44]. It was observed in para 7, as follows: "...It, therefore, became necessary to leave the judgment to the executive as to when the law should be brought into force. Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny date with effect from which the Act would come into force. It will apply to such cases where there is no provision like Section 1(3) of the Act or Section 1(2) of the 44th Constitutional Amendment. When the Legislature itself provides that the date of coming into force of the Act would be a date to be notified by the Central Government, Section 5 of the General Clauses Act will have no application. It is plain and evident from the language of the provision. Section 5(1) provides that 'where any Central Act is not expressed to come into operation on particular day, then it shall come into operation on the day on which it receives the assent'. Sub-clause (3) provides that 'unless the contrary is expressed, a Central Act or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement'.' In simple words it would mean that unless otherwise provided a Central Act would come into operation on the date it receives Presidential assent and is construed as coming into operation immediately on the date preceding its commencement. Thus, if a Central Act is assented by the President on 23.8.1995 then it would be construed to have c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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