1. - Duo writ petitions (2182/97 & 2157/99) have been preferred by M/s West Patent Press Company Pvt. Ltd. (for brevity "Company") against the Municipal Council, Beawar. Since these petitions involve identical factual disputes arising out of a common lease in respect of self same land in question, they are being decided at the joint request of the parties by this common order.In WP 2182/97 the relief sought for inter alia is to-

(1) declare the Company as holding the land validity in two parts (i) leased out and the other part (ii) free hold; thereby to direct the respondents not to demolish construction over such lands;

(2) direct the respondents to pay damages in the tune of Rs. twenty lacs having caused as a result of illegal action on the part of respondents or its officers;

(3) direct the respondents to reconstruct the demolitions made by raising construction in its original shape as it existed prior to demolition on 3/4/1997.
Whereas in WP 2157/99, an order is sought against the respondents to immediately decide the Company's application for renewal of the lease in its favour considering earlier agreements which provided that it is a lease in perpetuity.Albeit a chequered history and dates of events leading to the execution of agreement in question are stated resulting into complexed facts, but only the circumstances leading to duo petitions are being concisely stated herein below.As per an agreement (Annexure 2 which is photostat of true copy duly attested by Commissioner, Nagar Parishad, Beawar), entered into between Captain Donald Robertson who was then President Municipal Committee Beawar along with two members, and Alfred Baker Esquire, duly qualified Agent of Mr. DK West (Agent in India of West's Patent Press Company Ltd.), a lease was executed on 17th April, 1880 for a plot of land adjoining in Chang Gate of Beawar admeasuring 3 acres for ten years from April, 1880, at annual rent of Rs. 25/- per acre. By another agreement, municipal land measuring 1 acre 2 rods 5 poles in Shahpura Mohalla Close to West Patent Press Company's factory was also taken on rent of Rs. 75/- per annum for 10 years from July 1886. By another agreement, municipal land measuring 2 acres adjoining Chang Gate of Beawar was also taken on lease at the annual rent of Rs. 50/- per acre for 10 years from 26th April, 1890.By lease agreement executed on 11th July, 1896, municipal land in Shahpura Mohalla, Beawar measuring 1 acre 2 rods & 5 poles was put at enhanced annual rent of Rs. 100/- per acre for ten years from July, 1896.

2. Then Comes execution of an Indenture made on 30th June 1916 (Annexure 3-Photostat copy of true copy duly certified by Sub Registrar Beawar on 18/7/1916), whereby plot of land situated in Shahpura Mohalla near Chang Gate in the Municipality of Beawar measuring 4 acres 2 rods and 5 poles, was leased out by the Municipal Committee in favour of the lessee Company for 30 years from 26th April 1909 at a yearly rent of Rs. 500/-. This lease was renewed by an Indenture made on 1st April, 1941 (Annexure 4 xerox copy of true copy certified by Sub Registrar Beawar) whereby leased plot of land situated in Shahpura Mohalla in the Beawar town of Ajmer Marwar Block No. 7 & Nazul List No. 30, 31, measuring 4 acres 2 rods and 5 poles, was put on rent of Rs. 750/- per annum for 30 years from 25th April, 1939.Curiously enough, despite the fact that the lease term under agreement dated 1/4/1941 (Ann. 4) had expired on 25th April, 1969, and that the lessee Company continued in possession over the land in dispute even after 25/4/69, it was only on 18/6/1975 when the State Government admittedly accorded sanction for lease of the land measuring 21,200 sq. yards (out of total leased land of 21931.22 sq. yards) and land measuring 731.22 sq. yards was not leased out on account of having been reserved for purposes of road construction) by letter (Ann. 5) for 30 years from 26th April, 1969 to 25th April, 1999 with the condition that annual lease