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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Christian Womans Board Of Mission – Appellant
Versus
State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management – Respondent
ORDER :
Amitendra Kishore Prasad, J.
1. The petitioners seek to challenge the order dated 07.02.2025 passed in Case No. A-20(1)/2024-25, whereby the representation/appeal preferred by the petitioners against the order of the Commissioner dated 30.10.2024 in Case No. 89/A- 20(1)/2023-24 has been rejected, thereby affirming the earlier decision of non-renewal of lease. The petitioners are entitled to renewal of lease as a matter of right under the terms and conditions of the original lease deed. Relying on such terms, the petitioners have altered their position to their detriment by investing substantial resources and constructing extensive infrastructure including a Hospital, Nursing school, Church, Christian community centre, and staff quarters. While applying for renewal, the petitioners unequivocally agreed to abide by each and every term and condition of the original lease. However, acting contrary to law and principles of natural justice, the application for renewal was arbitrarily rejected. Subsequently, without issuing any notice or providing the Petitioners an opportunity to respond to the report allegedly obtained by the Collector from the office of the Tahsildar, the lease w
The court upheld the significance of adhering to lease terms and natural justice in lease renewal matters, affirming the state's actions in rejecting the renewal request based on documented breaches.
Renewal of a lease is discretionary and contingent on fulfilling lease terms; violation of conditions, including unauthorized use, disqualifies entitlement.
Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.
The determination of the lease was based on the lessee's breach of lease conditions, and the pending renewal application was directed to be considered by the appellant within 6 months.
Lease renewal must adhere to principles of natural justice, ensuring parties are heard before decisions affecting their rights are made.
The renewal of a lease requires timely applications and continuous possession; failure to meet these criteria results in loss of entitlement, as established in the case.
A lease cannot be terminated without providing an opportunity of hearing, thereby violating natural justice principles prior to eviction.
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