SUPREME COURT OF INDIA
Balraj Sharma
Vs.
Ram Gopal Bhatia
S.L.P. (C) No. 22895 of 2003
(R. C. Lahoti and Ashok Bhan JJ.)
19.04.2004
ORDER
I.A. No. 2 in SLP(C) No. 22895/2003 Allowed.
1. Order dated 12.12.2003 is recalled and the special leave petition is
restored to number. SLP(C) No. 22895/2003
2. The petitioners filed an application under Section 9 of the Delhi Rent
Control Act for fixation of standard rent. During the pendency of the petition,
the provisions of Section 9 were struck down as ultra vires by the High Court
of Delhi in Raghunandan Saran Ashok Saran Vs. U.O.I.1. An
appeal against the judgment of the High Court is pending in this Court.Vide
order dated 5.6.2002, the learned Additional Rent Controller directed the petition
filed by the petitioners herein to be consigned to the record room because in
view of the judgment of the Delhi High Court the petition had ceased to be
maintainable. However, the learned Addl. Rent Controller directed that in the
event of the judgment of the High Court being set aside by this Court, the
petition filed by the petitioners shall be available to be revived.
3. We are not inclined to interfere with the impugned order of the learned
Addl. Rent Controller and clarify that in the event of the decision of the High
Court in Raghunandan Saran Ashok Saran's case (supra) being set aside or any
new provision for fixation of standard rent being available for enforcement
from a back date the petitioners' application will be available for revival and
adjudication on merits.
4. The special leave petition stands disposed of.
1(2002) 95 DLT 508