New Delhi, Jun 11 (UNI) The Supreme Court has ruled that High Courts cannot enhance the rent of a premises arbitrarily while exercising power of judicial review under Articles 226 and 227 of the Constitution, ignoring or violating the specific provisions of a statute.
A bench comprising Justices R V Raveendran and Lokeshwar Singh Panta while disapproving the approach of Allahabad High Court, raising the rent (48 times) from Rs 250 per month to Rs 12,250 per month, set aside the impugned judgement.
The apex court observed ''the premises in question is governed by provisions of Uttar Pradesh Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972.
The said Act contains provisions relating to fixation of standard rent and for increase in rent. Where the statute specifically provides for fixation of rent and increase in rent, it is impermissible for the High Court to ignore those provisions and direct the tenant to pay an arbitrarily assessed rent.
Neither the power of judicial review under Article 226 nor the power of Superintendence under Article 227, can be exercised in a