Back
KARDAK ETE
Bizari Veneer And Saw Mills Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. R. Hussain, learned counsel for the petitioner. Also heard Mr. B. Chakraborty, learned CGC appearing for respondent Nos.1 and 3 to 6, Mr. D. Mazumdar, learned Addl. Advocate General, Assam and Mr. J. Chutia, learned standing counsel for the Karbi Anglong Autonomous Council (KAAC).
2. By filing this writ petition, the petitioner has challenged the impugned decision dated 15.11.2024, taken by the Committee constituted for reassessing the rent of the land under the occupation of the CRPF, belonging to the petitioner, whereby the Committee has fixed the rent at Rs.15,893/- (Rupees fifteen thousand eight hundred ninety three) only, from the date of settlement i.e. 06.04.2002, with annual increment of 10% per annum to offset the increase in market price/inflation. Essentially the petitioner is aggrieved with the quantum on the ground that the rent fixed as above by the Committee is in a lower side, which is not proportionate with the fair rent.
3. The case of the petitioner is that the petitioner purchased a plywood factory M/s. Wood Craft Products Limited, situated at Dilajee, Diphu, Karbi Anglong, consisting of 59 bigh
The court upheld the rent fixed by the Committee as fair, emphasizing the petitioner's failure to prove valid ownership of the land.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
The court reaffirmed that fair rent determined by Rent Control Courts must reflect current market conditions, considering economic factors and evidence of comparable properties.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
The central legal point established in the judgment is the application of G.O.(Ms).No.92, Municipality Administration and Water Supply Department dated 03.07.2007, which mandated a 15% increase in re....
The petitioner is not entitled to occupational charges beyond the date of vacation by Security Forces, and claims for additional land are declined unless rent for underlying land is not considered.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
