Lease agreements do not confer ownership rights; eviction for public safety is justified if property is dilapidated.

ORAL ORDER

1. This petition is filed seeking to quash and set aside the notice dated 21.02.2023 and notice dated 28.02.2023 for eviction of the subject property, issued by Dy. Executive Engineer, Marg & Makan Vibhag, Panchayat, Amreli at Annexure A and B. This Court had issued Notice under order dated 27.04.2023. Learned advocate for the petitioners, Mr. Amit Chaudhary requested for priority and considering his request, this matter is taken up for final hearing today.

2. Facts in brief referred in the petition are as under:

2.1. It is case of the petitioners that Gayakvad constructed Jubilee Dharmshala shopping center, at Station Road, Amreli and later on merged with District Local Gram Panchayat. There are 10 shops situated in Jubilee Dharamshala. For the administration of the said building, District Panchayat has appointed Manager and other staff. It is case of the petitioners that 10 shops situated on the ground floor of the building were given for lease/rent to different persons by Gayakvad State in 1960. The petitioners being tenant of the said property are paying monthly rent to District Panchayat since 1962 to 2008. Subsequently, the rent was increased by entering into agreement w.e.f. 01.09.2008. The increased rent has been paid by the petitioners to District Panchayat till 01.03.2023. From 01.03.2023, the District Panchayat i.e. respondent No.2 refused to accept the rent. Thereafter, respondent No.1 – Panchayat issued public notice dated 21.12.2022 followed by notice dated 21.02.2023 to the petitioners to evict the shops on the ground of its dilapidated condition. Aggrieved by such eviction notices, present petition is filed.

3. Heard learned advocate Mr.Amit Chaudhary for the petitioners and learned advocate Ms. Sejal Mandavia for respondent Nos.2 and 3.

4. Learned advocate Mr. Chaudhary for the petitioners submitted that the action of respondent Nos.2 and 3 in issuing notices dated 21.02.2023 and 28.02.2023 for eviction of subject property are bad in law because the petitioners are tenants who have entered into lease agreement from the year 1996 and time and again their lease agreements were renewed including increase in the rent and there being new contract between petitioners and respondent No.2, the notices of eviction are bad in law. Referring to the lease agreement dated 03.04.2010, learned advocate submitted that under this agreement, the rent earlier paid by the petitioners was increased however, there is no covenant in the agreement which permits eviction and since the notices were issued contrary to lease agreement, the same are bad in law. It is not in dispute that petitioners were paying rent as per the agreement and there is no breach of any of the covenants of the agreement and, therefore, the eviction notices being contrary to the agreement, the same deserves to be quashed and set aside. Further, the reasons given in the notices is of dilapidated condition of the building and the same is not supported by documents or any expert opinion, therefore these reasons are to be ignored. Further, referring to the photographs annexed at Annexure-G, Page 86 and 87, learned advocate for the petitioners submitted that the petitioners are carrying their business there and the photographs do not suggest dilapidated condition of the subject property. He thus submitted that the notices being un-just and contrary to the lease agreement entered into between the parties, the same deserve to be quashed and set aside.

5. On a query posed by this Court for maintainability of the present petition, learned advocate relied upon decision of Hon’ble Supreme Court in the case of (1) State of West Bengal vs. Vishnunarayan and Associates Private Limited reported in 2002 (4) SCC 134 and (2) Shaha Ratansi Khimji and Sons vs. Proposed Kumbhar Sons Hotel P.Ltd. Reported in Laws (SC) 2014 7 51 , to submit that when the eviction notice is contrary to the agreement, a writ petition is maintainable. Further, recently on account of heavy rains a