Mayur Kumar Mehta vs. The State Of Jharkhand

Facts

The petitioner, Mayur Kumar Mehta, filed a writ petition challenging a bill (No. JNAC/22-23/1047 dated 31.05.2022) issued by the Jamshedpur Notified Area Committee (JNAC) for the month of May 2022. This bill demanded a rent of Rs. 8,000/- plus GST of Rs. 1440/-, totaling Rs. 9440/-, for his shop in Sakchi market. The petitioner contended that this represented an arbitrary enhancement of over 1000% from the previously paid rent of Rs. 100/- (including tax) charged by Tata Steel JUSCO. The petition also challenged a letter dated 01.05.2022 from the Sub-Divisional Officer cum Rent Controller, Dhalbhum, Jamshedpur, addressed to Tata Steel Ltd., which allegedly fixed rent at an exorbitant flat rate of Rs. 80/- per square foot without affording any opportunity of hearing to shop owners. The petitioner sought to quash these demands and for rent enhancement to be done following the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011.

Held

The Court did not decide the merits of the case. After some arguments, the learned counsel for the petitioner sought permission to withdraw the writ petition. The petitioner requested liberty to pursue his remedy before the Rent Controller, where similar proceedings were stated to be pending. The learned counsel for the respondents raised no objection to this request. Consequently, the High Court disposed of the writ petition with the liberty granted to the petitioner to approach the Rent Controller. The Court did not make any findings on the arbitrariness of the rent enhancement, the validity of the JNAC's bill, or the Sub-Divisional Officer's letter, nor did it address the specific provisions of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, as the matter was withdrawn before any substantive adjudication.

Key Issues

1. Whether the enhancement of rent by the Jamshedpur Notified Area Committee (JNAC) for the petitioner's shop, as reflected in Bill No. JNAC/22-23/1047 dated 31.05.2022, is arbitrary and without basis, violating principles of natural justice by failing to provide notice or an opportunity of hearing to the petitioner, and whether it contravenes the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011. 2. Whether the letter dated 01.05.2022 issued by the Sub-Divisional Officer cum Rent Controller, Dhalbhum, Jamshedpur, fixing a flat rate of Rs. 80/- per square foot for shops in Sakchi market is arbitrary and violative of natural justice for not affording an opportunity of hearing to shop owners, including the petitioner. Petitioner's arguments: The petitioner argued that the rent enhancement was arbitrary, exceeding 1000% without any justification or prior notice. He contended that the JNAC's demand and the Sub-Divisional Officer's letter fixing the rent were made without following the prescribed procedure under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, and without affording him an opportunity to be heard, thus violating principles of natural justice. The previous rent was Rs. 100/- including tax. Respondents' arguments: The judgment records no specific arguments from the respondents. However, they were represented by counsel.