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2022 Supreme(Bom) 808

URMILA JOSHI PHALKE, A.S.CHANDURKAR
Sharayu D/o Ashok Gokhale – Appellant
Versus
Nagpur Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Shri A.S. Manohar.
For the Respondent: Shri J.B. Kasat.

JUDGMENT :

A.S. Chandurkar, J.

1. The challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the insertion of fresh terms and conditions while renewing lease of land in a manner contrary to the law laid down by this Court. Further challenge is raised to the demand notice issued by the Estate Officer, Nagpur Municipal Corporation demanding transfer fees from the petitioner nos.1 to 10 consequent upon transfer of the leasehold land to the petitioner no.11 as being without any authority of law.

2. It is the case of the petitioner nos.1 to 10 that on 10.07.1935 a permanent lease of Plot no.68 admeasuring 8400 square feet was executed in their favour by the then Municipal Committee of Nagpur. The said lease was thereafter renewed in the year 1964 for a period of thirty years. Though the said lease was liable to be renewed from 01.04.1994 but no steps in that regard were immediately taken. Ultimately, on 02.04.2009 the said lease was renewed for a period of thirty years from 01.04.1994 to 31.03.2024. While renewing that lease the lessor – Municipal Commissioner, City of Nagpur added certain terms and conditions that were not existing in the origin

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