A lease cannot be terminated without providing an opportunity of hearing, thereby violating natural justice principles prior to eviction.

JUDGMENT :

By the Bench;

1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail Letter No.1999/CA, Bhubaneswar, dated 28.01.2017 (Annexure-9) issued by the Director of the Estate and Ex-Officio, Additional Secretary to Government, General Administration Department in rejecting the application filed by the Petitioner for renewal of the lease and thereby impliedly determining the lease of the Petitioner. Consequential direction was also issued therein to the Petitioner to remove the structure thereon within one month from the date of the said issuance of the said letter.

3. Mrs. Jena, learned Senior Advocate appearing for the Petitioner submits that pursuant to an application filed by the Petitioner, a land measuring Ac 3.000 dec. situated in Mouza Bhoinagar, Bhubaneswar, pertaining to Drawing Plot No.3 as per Drg. No.C-2072 (for brevity, ‘the leasehold property’) was leased out in favour of the Petitioner organization. A lease deed was accordingly executed on 22.09.1960 (Annexure-1). Initially the lease was valid for thirty years.

4. During the subsistence of the lease, the Petitioner was directed to surrender an area measuring 146 feet x 460 feet in favour of All India Freedom Fighter Samiti vide Letter No.6497/CA dated 19.05.1984 (Annexure-2).

5. Accordingly, a deed of surrender was executed by the Petitioner on 29.05.1984 (Annexure-3). Subsequently, the Petitioner made a request to grant permanent lease of the leasehold property in its favour to perform its activities without any hindrance. However, the Government in GA Department communicated to the Petitioner vide letter dated 26.03.1985 that the proposal submitted vide letter dated 19.09.1984 would be considered after completion of lease period of thirty years.

6. After completion of thirty years, the Petitioner approached the authority on 17.09.1990 for renewal of lease.

7. On receipt of such application, the G.A. Department directed the Petitioner vide its letter dated 24.04.1991 to submit certain documents and it was submitted in time. On 07.09.1991, the Director of Estate, GA Department intimated the Petitioner to start construction of a building and complete the same within two years over the leasehold property.

8. On 31.10.1994, the Petitioner was granted permission by the Bhubaneswar Development Authority for construction of two storied building. Again, on 03.09.1996 (Annexure-6), the Petitioner made an application to the GA Department for renewal of lease for a period of 99 years.

9. On consideration of such letter, the impugned letter dated 28.01.2017 (Annexure-9) has been issued rejecting the renewal of lease application and directing the Petitioner to vacate the leasehold property and remove the structure within one month from the date of said letter. It was also intimated that in the event the Petitioner failed to comply with the letter within the stipulated period, the lessor would cause removal of the structure at the cost to be recovered from the Petitioner. Assailing the same, the present writ petition has been filed.

10. Mrs. Jena, learned Senior Advocate, further submits, that the application for renewal of lease was rejected on the ground that the lease was granted to the Petitioner for construction of a building to be used for the purpose of office and training school for Rastrabhasa Prachar Sabha, Cuttack. But the Petitioner was using the vacant space and single storied building raised over the leasehold property for marriage mandap, reception and other functions, which created traffic congestion and disturbed the peace and tranquility