VidhiSangh

Supreme Court of India · 10/12/2019

RAJENDRA DIWAN versus PRADEEP KUMAR RANIBALA & ANR.

[2019] 17 S.C.R. 1089 · 2019 INSC 1353

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Summary

The Court declared Section 13(2) of the Chhattisgarh Rent Control Act unconstitutional because the State Legislature could not confer a direct statutory appeal to the Supreme Court. Presidential assent did not cure legislative incompetence or satisfy Article 138(2). The Supreme Court’s discretionary special-leave power was distinct from a mandatory statutory appeal, while the High Court’s surviving judicial review remained supervisory rather than an alternative appeal.

Issues

  1. Whether the State Legislature could provide a direct statutory appeal from its Rent Control Tribunal to the Supreme Court.
  2. Whether Presidential assent or Article 138(2) validated the provision.
  3. What character of High Court review remained available.

Provisions considered

Held

Result

The referred question was answered by declaring Section 13(2) of the Chhattisgarh Rent Control Act, 2011 ultra vires the Constitution, null and void and of no effect. The underlying eviction merits were not determined in this judgment.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 1089.