Lease renewal must adhere to principles of natural justice, ensuring parties are heard before decisions affecting their rights are made.

ORDER :

VISHAL DHAGAT, J.

Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 09.09.2003 contained in Annexure-P/10 passed by Commissioner Sagar Division, Sagar (MP).

2. Said order was addressed to Collector Sagar. Collector has sent a proposal for renewal of lease granted in favour of petitioner in year 1886. Commissioner considering the said proposal held that entire land is not being used by the institution. Land which is under use by the institution is sufficient for their activities. Government is in requirement of land. Defence establishment wants to take back its land which was granted to Kushwaha Society and artillery department is also in requirement of 177 acres of land for establishing artillery brigade. Due to unavailability of land, said issue could not be resolved. Proposal was remanded back to Collector for allotment of land to artillery brigade and for allotment to Kushwaha Society and Roman Catholic Diocese Mission (hereinafter mentioned as RCD mission) may continue on the part of land which is under use by them. With said direction, Collector was asked to take a decision. However, proposal for renewal of lease deed was rejected.

3. Learned counsel appearing for the petitioner submitted that petitioner institution was allotted lease of land at village Amakhurd Sagar measuring 175 acres for period of 99 years. On 16.05.1910, lease was granted in respect of 90.95 acres beginning from 01.04.1910 to current settlement. Deputy Commissioner Sagar representing Secretary of State for India entered into indenture dated 03.10.1935 with Roman Catholic Mission Shyampura District Sagar by which lease of land measuring 277.25 acres of Mouja Aamkhurd, settlement No.2, Tehsil and District Sagar was entered. Lease was granted till expiry of current settlement. Land granted on lease is to be used for cultivation and pasturage and for agriculture purposes but not for purposes other than agriculture. Lease was not transferable and lessee has right to sublet portion of land to tenants. Lessee and sub-tenant had right to erect and construct building suitable for agriculture purposes including dwelling house by lessee and such sub-tenant, orphans and ex-orphans. Lease is to be renewed as per the terms which may be agreed between the parties on approval of local administration. In year 1954, name of State Government was wrongly entered in revenue record. Land settlement started in year 1975-76 and it ended on 11.01.1994. Collector on 29.04.1997 declared the land in question to be Nazul. Avar Sachiv Government of Madhya Pradesh, Revenue Department wrote a letter to Collector on 03.01.2003 for renewal of permanent lease under Chapter-IV(1) of Revenue Book Circular (RBC). Copy of this letter was given to petitioner institution and Commissioner Sagar. In Revenue Records of year 1912-13 in Column No.-3, entries were made in respect of owner as Milkiyat Sarkar Thekedar Lord Whisphero Roman Catholic Mission Allahabad through Mohtim Priest Sahab Jahim Khana Shyampura.

4. It is further submitted by learned counsel for the petitioner that Collector wrote a letter to Commissioner on 09.04.2003 for taking steps for renewal of lease under RBC in accordance with letter of Secretary Government of India, revenue department dated 03.01.2003. In revenue records after survey and bandobast which was completed on 11.01.1994, land bearing Khasra No.241015 measuring 9.96 hectare was entered in name of RCD mission Shayampura government lessee on land revene of Rs.50/-. Khasra No.1, 3, 5, 6, 7, 8, 11, 12, 13, 14, 16