Section 5: Revision of standard rent in certain cases

The Himachal Pradesh Urban Rent Control Act, 1987

The High Court of Himachal Pradesh is reported to have struck down section 4, and sections 5 to 8 and 30(2) in so far as they depend on it (Chaman Lal Bali v. State of Himachal Pradesh, 2 August 2016). See the note on the Act page.

How current this text is

Text as published by the Law Department, Government of Himachal Pradesh, with amendments up to H.P. Act No. 8 of 2012.

The High Court of Himachal Pradesh in Chaman Lal Bali v. State of Himachal Pradesh (CWP No. 2072 of 1995, decided on 2 August 2016, reported as AIR 2016 HP 168) is reported to have declared section 4 unconstitutional, together with sections 5, 6, 7, 8 and 30(2) in so far as they depend on standard rent fixed under section 4. The official text still prints these provisions. We could not open the judgment on an official court site and found no order of the Supreme Court staying or reversing it.

H.P. Ordinance No. 4 of 2022, promulgated on 12 October 2022, amended section 14. No Act replacing it has been found, and an Ordinance that is not replaced by an Act ceases to operate, so this text does not show it.

¹[(l) Save as provided in section 4, when the standard rent of a land or rented building has been fixed under section 4, no further increase or decrease in such a standard rent shall be permissible for a period of three years.

(2) Notwithstanding anything contained in any law for the time being in force or in any contract, a landlord shall, in addition to the increase in rent provided in this Act, be entitled to increase the rent of a building or land at the rate of ten per cent of the standard rent or the agreed rent, as the case may be, after every three years:

Provided that such increase shall be in a case where such a building or land has been let out for a period of three years or more immediately preceding the commencement of the Himachal Pradesh Urban Rent Control (Amendment) Act, 2009 and again with effect from expiry of every three years from such commencement.

(3) The increase in standard rent shall be automatic and if there is any dispute between the landlord and the tenant in regard to any increase or decrease in rent under this section, such dispute shall be decided by the Controller.]

Footnotes in the official text

1.Section 5 substituted vide H.P. Act No. 8 of 2012.

Questions on this section

1 question in 1 of our papers cite Section 5.