JUDGEMENT
R.D. Dhanuka, J. -
(1.)By consent of the respondent nos.1 and 2, the order dated 20th July, 2017 passed by the learned Registrar (Judicial-I) dismissing the writ petition against the respondent nos.1 and 2 is set aside. The writ petition against the respondent nos.1 and 2 is restored to file.
(2.)Rule. Ms.Dhond, learned counsel waives service for the respondent nos.1 and Mr.Naphade, learned counsel waives service for the respondent nos.3 and 4. By consent of parties, this petition is heard finally. Some of the relevant facts for the purpose of deciding this writ petition are as under :
(3.)On 22nd September, 1992, the respondent no.3 i.e. The Brihanmumbai Electric Supply & Transport Undertaking (BEST) issued an advertisement inviting the bids from the prospective lessees for lease out an additional available area at Mahim Bus Depot at Mahim admeasuring about 622 sq. ft. abutting the main Mahim Bus Depot. The petitioner responded to the said advertisement vide letter dated 30th September, 1992 and expressed its interest to take the said land on lease. On 30th October, 1992, the bid of the petitioner was accepted by the respondent no. The said portion of the land was allotted to the petitioner on the terms and conditions mentioned in the said letter of allotment. The petitioner paid the sum of Rs. 12,75,000/- towards the security deposit. The respondent no.3 agreed to the request of the petitioner and lease out the unused open land admeasuring about 483 sq. ft. on the rare side of the said premises given on lease. On 12th November, 1995, the petitioner and the respondent no.3 executed a Deed of Lease effecting from 16th January, 1993 for a period of five years i.e. from 15th January, 1998 or till the period the demise premises were required for any public purposes by the respondent no.3 or the respondent no.1 whichever was earlier. The said lease deed was renewed from time to time along with increase in the security deposit and monthly lease rentals.
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