The court ruled that statutory timelines for rent proceedings can be extended with valid reasons, emphasizing the need for expeditious disposal.
The Allahabad High Court, in a significant ruling, has determined that the timeline stipulated under Section 33(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, for the disposal of cases by the Rent Authority or Rent Tribunal is directory and not mandatory. The judgment, delivered by Justice Saurabh Lavania, clarifies that while the law encourages expedited handling of rent-related disputes, the prescribed 60-day period can be extended if the tribunal records valid reasons for any delay.
The case, titled "Smt. Smita Wadhawan v. Smt Rani Singh," was brought before the court by petitioner Smita Wadhawan, who sought a directive for the Rent Authority to resolve her case expeditiously, as per the statutory timeline. The petitioner argued that the timeline under Section 33(2) was mandatory, thereby necessitating strict adherence.
The court, however, disagreed with the petitioner's interpretation. Justice Lavania noted that the use of the word "shall" in legal provisions does not automatically render them mandatory. Citing precedents, the court explained that statutory provisions involving public functionaries often carry a directory nature unless specific consequences for non-compliance are explicitly stated.
Justice Lavania referenced various judgments to underscore the principle that statutory timelines for public officers performing their duties are generally considered directory. The court highlighted that the provision's primary objective is to ensure swift resolution of rent disputes but acknowledged practical challenges that might necessitate extensions.
In light of these observations, the court dismissed the petition for immediate relief but urged the Rent Authority to expedite the proceedings, considering the petitioner's circumstances and age.
This judgment reaffirms the judiciary's emphasis on balancing procedural efficiency with pragmatic flexibility, allowing for justified extensions in rent tribunal proceedings while maintaining the spirit of timely justice.
Bottom Line :
The timeline under Section 33(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, for disposal of cases by the Rent Authority or Rent Tribunal, is directory and not mandatory in nature.
Statutory provision(s): Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, Section 33(2)
Smt. Smita Wadhawan v. Smt Rani Singh, (All)(Lucknow) : Law Finder Doc id # 2977932
