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2017 Supreme(SC) 286

MADAN B.LOKUR, DEEPAK GUPTA
Kundla Press and Oil Mill Pvt. Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Anirudh Sharma, Abhaid Parikh, Advs.
For the Respondents: Ms. Hemantika Wahi, Ms. Jesal, Ms. Puja Singh, Advs.

JUDGMENT

DEEPAK GUPTA, J.

Leave granted.

2. This Civil Appeal is directed against the judgment dated 06.09.2016 delivered in Letters Patent Appeal No. 797 of 2016 whereby the appeal filed by the appellant was dismissed and the judgment of the learned Single Judge passed in Special Civil Application No. 352 of 2013 was upheld.

3. The facts necessary for decision of the case are that 28,176 square metres of land in Savarkundla was given on lease to theappellant Company in the year 1922 for a period of 30 years for running an oil mill. The lease expired in the year 1952. Thereafter, fresh lease deed was executed in favour of the appellant by the Administrator of the Savarkundla Municipality on 18.09.1956. In this lease deed it was mentioned that on this leased area, there are factories, residential units, warehouse (godown), press factory, expeller and office buildings etc. which were constructed by the appellant. The lease deed was granted for a further period of 30 years. Relevant portion of the lease deed reads as follows:

"The Deed of Lease would be renewed on expiry of the same. And based on the conditions prevailing at that time changes in the amount of rent may be made by the Munic

















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