IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
Utkal Prantiya Rastrabhasa Prachara Sabha – Appellant
Versus
Government Of Odisha, Represented Through The Special Secretary General, Administration Department – Respondent
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
Express Newspapers Private Limited & others vrs. Union of India & others
A lease cannot be terminated without providing an opportunity of hearing, thereby violating natural justice principles prior to eviction.
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.
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.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
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 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.
Point of Law : Tenant - Unauthorized occupation of Property - Possession of - Possession can be resumed by government only in a manner known to or recognised by law and it cannot resume possession ot....
The main legal point established in the judgment is that a decree of possession can be granted based on admissions made by the respondents, and the application under Order 12 Rule 6 of the CPC for pa....
The court clarified the concept of waiver of forfeiture under Section 112 of TPA and directed the government to decide on the change of user application before enforcing the lease determination notic....
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