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In 2016, the Himachal Pradesh High Court declared which section of the Himachal Pradesh Urban Rent Control Act, 1987, as amended by H.P. Act No. 8 of 2012, unconstitutional in its entirety?

Question and options

In 2016, the Himachal Pradesh High Court declared which section of the Himachal Pradesh Urban Rent Control Act, 1987, as amended by H.P. Act No. 8 of 2012, unconstitutional in its entirety?

  1. Section 2

  2. Section 3

  3. Section 4

  4. Section 14

Answer and explanation

Correct answer: C - Section 4

In Chaman Lal Bali v. State of Himachal Pradesh (2016), the High Court struck down section 4, which laid down the procedure for determining standard rent, and held sections 5 to 8 and 30(2) invalid only so far as they depend on standard rent fixed under section 4, other than agreed rent. Section 14 survived except for the first proviso to clause (c) of sub-section (3), on the modalities of a tenant’s re-entry; the right of re-entry itself was upheld. Sections 2 and 3 were not declared unconstitutional.

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  • Himachal Pradesh Judicial Services

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