Home  /  Haryana Urban (Control of Rent and Eviction) Act, 1973  /  Section 20

Section 20: Power to make rules

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 19 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 21

Legal Commentary & Landmark Judgments: Section 20

Section 20 confers comprehensive supervisory powers of transfer on the High Court and Appellate Authority, permitting the transfer of rent proceedings between Appellate Authorities or Rent Controllers to ensure impartiality and administrative efficiency.

  • High Court's Inter-Appellate Transfer Jurisdiction: Empowers the High Court, acting either on an application supported by affidavit or suo motu, to transfer proceedings pending before one Appellate Authority to another Appellate Authority.
  • Appellate Authority's Intra-District Transfer Authority: Authorizes the Appellate Authority (District Judge) to withdraw any proceeding pending before a Rent Controller and transfer it to any other Controller within its territorial jurisdiction.
  • Standards of Judicial Impartiality and Forum Convenience: Conditions transfer orders upon sound judicial discretion, requiring proof of reasonable apprehension of bias, systemic prejudice, administrative exigency, or convenience of parties and witnesses.
Key Landmark Precedents:
  • Kulwinder Kaur v. Kandi Friends Education Trust, (2008) 3 SCC 659: Laid down cardinal principles governing transfer of proceedings between judicial forums: justice must not only be done but seen to be done, balancing convenience of parties against the need to protect the judiciary from vexatious transfer petitions.
  • Jagdish Rai v. Smt. Pushpa Devi, 1988 (2) RCR (Rent) 465 (P&H): Held that the power of the Appellate Authority under Section 20 to transfer proceedings from one Rent Controller to another within the district is discretionary and can be exercised suo motu or on sufficient cause shown, such as apprehension of bias or administrative convenience.
  • Rameshwar Dass v. Gauri Shankar, 1991 (2) RCR (Rent) 220 (P&H): Held that an application for transfer under Section 20 cannot be used as an instrument to protract proceedings or intimidate a presiding Rent Controller; cogent and credible material must be demonstrated.
Courtroom Practice & Strategic Litigation Guidance:

When seeking transfer of a rent proceeding under Section 20 due to apprehension of bias, draft a detailed transfer application supported by an affidavit sworn by the litigant personally. Avoid scandalous or reckless allegations; confine the grounds to objective, verifiable facts such as a presiding officer's relationship with opposite counsel or expression of pre-judged opinions on record. File before the Appellate Authority for intra-district transfers and before the High Court for inter-district transfers.

Section 19 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 21