A lease termination based on alleged subletting without notice can only be adjudicated in accordance with the Public Premises Act, emphasizing the necessity for evidence and proper jurisdiction.

JUDGMENT :

Anubha Rawat Choudhary, J.

This amended writ petition has been filed for the following reliefs: -

“(a) For quashing and setting aside the letter with Ref. No. TA/LRA/2020-1081dated 27.10.2020 (Annexure-13) vide which the Respondent Steel Authority of India Limited, Bokaro Steel Plant has terminated the indenture of Lease dated 13.07.2000 issued in favour of the petitioner with a prospective date i.e. 90th day from the date of service of the said letter, arbitrarily and in violation of the settled principles of law without issuing any show cause notice or without giving any opportunity of hearing.

(b) For showing cause the Respondent No. 4 as to whether they can take the harass and disproportionate action of termination of lease of the petitioner considering that the lease pertained to only a piece of barren and vacant land whereupon, as per the terms of the lease and as per the sanctioned plan by the Respondents, the petitioner has constructed commercial- cum- residential buildings (G+2) by investing huge amount of money which if taken away so abruptly and unmindfully, cause immense personal loss to the petitioner and may amount to profiteering so far Respondents are concerned.

(c) For further directing the Respondents to take decision and/or to pass appropriate orders for remedying the alleged breach, if any, which has taken place in view of the ambiguities in Clause 6 and 15 of the lease deed which otherwise also is condonable on the basis of permission of the Respondents, thus remediable in any case and for direction upon the Respondents not to disturb the peaceful possession of the petitioner over the landed/constructed property in concern.

(d) During pendency of the instant writ petition, the letter of termination dated 27.10.2020 (Annexure-14) issued by Respondent No.4 may be stayed or status quo may be granted by this Hon'ble Court.

(e) Further issuance of writ(s)/orders(s)/direction(s) for quashing of letter no. TA/LRA/2022-1805 dated 25.04.2022 (Annexure-15) issued by Respondent company and notice dated 20.05.2022 u/s 4(a)/7 (3) of Public Premises (Eviction of Unauthorized Occupants) Act issued by the Estate Officer, Bokaro Steel City (Annexure-16 & 16/1).”

2. The matter arises out of termination of lease.

Arguments of the petitioner.

3. The learned senior counsel for the petitioner has placed the order of termination of the lease as contained in Annexure-13 of the writ petition. The lease is admittedly dated 13.07.2000 with respect to plot No. GA-4 in City Center, Sector-IV, Bokaro Steel City and the date of termination is 27.10.2020. The lease is between Steel Authority of India Limited, Bokaro Steel Plant and the petitioner.

4. By referring to the termination order dated 27.10.2020, the learned senior counsel has submitted that on the face of the document, it is apparent that the lease has been terminated on the ground that during the course of investigation by the Central Bureau of Investigation, Ranchi, the premises was found to have been sublet and it has been terminated with further allegation that there is criminal conspiracy amongst the petitioner and those persons to whom the premi