HC rule over provision of House Rent Act

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Staff Reporter :
The High Court on Sunday issued a rule upon the concerned bodies of the government to explain in four weeks as to why a direction should not be given to form an inquiry commission to inquire into various loopholes and ambiguity of House Rent Control Act 1991 and to make detail recommendations to address such loopholes including appointment of ‘Rent Controller’.
The court also wanted to know in the rule as to why the Section 15 of the House Rent Control Act 1991 should not be declared illegal.
Cabinet secretary, Prime Minister’s office secretary, parliament secretariat secretary, law secretary and mayors of two city corporations of Dhaka have to comply with the rule within four weeks.
The High Court bench of Justice Refaat Ahmed and Justice Md Shohrowardi passed the order after hearing on a supplementary writ petition filed by a rights organization, Human Rights and Peace for Bangladesh (HRPB).
Advocate Manzill Murshid appeared in the court on behalf of the writ petition.
It was said in the petition, “In respect of the tenants’ sufferings to pay rental amount for limitation of their income capacity as well as the interpretation of provision of Section 15 of the Act 1991 that the rental amount paid by the tenants, let alone the amount prescribed by the Act 1991 is a burden to the tenants specially to the lower income and middle income groups. But there is no positive action by the respondent to reduce or minimize such socio-economic sufferings of the tenants as per preamble of the Act 1991.”
 “More so, the government did not establish any office of the Controller nor appoint anybody in such post of Rent Controller excepting appointment of assistant/senior assistant judges through out the country as rent controller for their territorial jurisdiction by the respondent. Due to the such arrangement, most of the people are not interested to go to the court to fix the standard rent and thereby some landlords get the benefits of the law in case of fixation of the rent, increase of the same and receiving advance at their sweet will,” also read the petition.
The High Court on May 17, 2010 issued a rule in this regard. After hearing, the HC declared the rule absolute on July 1, 2015. But before publishing the full text of the verdict, one of the judges of the concerned HC bench died. Then the chief justice sent the case to the HC bench of Justice Refaat Ahmed and Justice Md Shohrowardi.
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