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2023 Supreme(Online)(Bom) 2880

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Bhawarlal Parasmal Joshi – Appellant
Versus
The Solapur Municipal Corporation – Respondent


Advocates:
For the Appellants/Petitioners:Mr. G.S. Godbole, Senior Advocate, Mr. Kausthubh Thipsay, Mr. Rahul Soman, Mr. Atul Damle, Senior Advocate, Mr. Vishwanath Patil
For the Respondents: Mr. Shivraj Patne, Mr. Damle

JUDGMENT:

THE CHALLENGE

1. These group of Petitions represent a battle between Solapur Municipal Corporation on one hand and successors in-title of lessees and their sub-tenants on the other, over tenure of leasehold rights in municipal plot of land. The issue is essentially about right to seek extension/renewal of lease after expiry of its first tenure. Solapur Municipal Corporation, back in 1967, entered into an arrangement for construction of a Town Hall on its land by granting lease thereof in favour of lessees for 50 years. The lessees have constructed a building on the land comprising a Hall for Municipal Corporation and shops/offices and have inducted sub-tenants therein over the years. After end of tenure of lease of 50 years, the Municipal Corporation wants back the land with construction, whereas the successors-in-title of original lessees as well as the sub-tenants assert right to continue the lease for another tenure of 50 years. At the end of tenure of lease on 19 December 2017, the Municipal Corporation has treated the occupation by successors-in-title of lessees and sub-tenants as unauthorised and has passed Eviction Order dated 17 May 2018 under Section 81-B of the

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