Hon'ble Judges/Coram:
Deepak Gupta and Surya Kant

JUDGMENT

Deepak Gupta, J.

1. "Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?" is the question arising in this appeal.

2. The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as 'the Act'). Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal. In terms of Section 7 of the Act the State can appoint one or more officers not below the rank of Deputy Collector, as Rent Controller with territorial jurisdiction to be specified by the Collector. The Rent Control Tribunal (hereinafter referred to as 'the Tribunal') is constituted Under Section 6 of the Act. This Tribunal has appellate and supervisory jurisdiction. Section 6 of the Act reads as under:

6. Constitution of the Rent Control Tribunal.-

(1) The State Government shall by notification constitute, within thirty days of this Act, a Tribunal in terms of Article 323-B of the Constitution, to be called as Chhattisgarh Rent Control Tribunal, to give effect to the provisions of this Act, and for the adjudication or trial of any disputes, complaints, or offences with respect to rent, its Regulation and control and tenancy issues including the rights, title and obligations of landlords and tenants.

Explanation.-Matters relating to transfer of property and/or disputes regarding title over any property shall continue to be considered under relevant laws by the courts of law.

(2) The State Government in consultation with the High Court shall appoint the Chairman of the Rent Control Tribunal, a retired Judge of the High Court or serving or retired District Judge not below the rank of Super Time Scale.

(3) The Tribunal shall have such members with such qualification, as the State Government may prescribe.

(4) The State Government shall appoint an officer as the Registrar of the Tribunal, who shall not be below the cadre of Civil Judge Class-I or the rank of Deputy Secretary to the