A Bench of the
Supreme Court of India comprising Hon’ble Mr. Justice Rajesh Bindal and Hon’ble
Mr. Justice Vijay Bishnoi on Monday, 9 March 2026 directed the Union of India
to file its counter affidavit in a writ petition challenging the continued
non-enforcement of the Delhi Rent Act, 1995 (“1995 Act”) for nearly
three decades.
The Court
granted the Union Government four weeks to file its counter
affidavit. The petitioner has been permitted to file a rejoinder affidavit
within two weeks thereafter. Earlier, on 7 January 2026, the
Supreme Court had issued notice to the Union Government in the matter.
During the
hearing, the Bench questioned the Government on why the Act has not been
notified. The Government counsel sought time to file counter, stating that the
matter had come up for hearing for the first time.
The Government
also raised a preliminary objection that the petitioner had approached the
Supreme Court directly instead of first moving the High Court.
Responding to
the objection, the petitioner, Ms. Shobha Aggarwal, who is appearing in
person, pointed out that in Common Cause v. Union of India (Judgement
dated 8 October 2003), the Supreme Court had declined to issue a writ of
mandamus directing the Government to notify the Delhi Rent Act, 1995. In light
of that decision, she argued, the High Court would likely have dismissed the
petition at the threshold.
The matter will
be taken up after the completion of pleadings.
The
petition raises an important constitutional question: whether a law duly
enacted by Parliament can be kept in abeyance indefinitely – in the instant
case for over thirty years – without being brought into force?
Case details:
Writ Petition Civil No. 1177/2025 titled Shobha Aggarwal
Vs. Union of India
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