DILIP CHARAN WAHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioners, Shri S.B. Pandey, learned D.S.G.I. assisted by Shri Raj Kumar Singh, learned counsel for the respondent Nos.1 and 3 and Shri Sanjeev Singh, learned counsel for respondent No.2.

(2.) This petition has been filed with the following prayers:-

(3.) The learned Counsel for the petitioners has submitted that a lease deed was executed on behalf of the Central Government on 15/5/1934 in respect of a premises described as 'Cator House, 236, M.G. Road, Lucknow Cantonment' in favour of Shri Shiv Charan, for a period of 30 years with effect from 25/10/1933, which was renewable up to 90 years. The said property has been mentioned at Survey No.93/2 and comprises of buildings known as Cater house and Shiv Kutir. The petitioners are in actual physical possession of Shiv Kutir and are residing therein and they are in de-jure possession of the rest of the property (Cater House) which is in occupation of the respondents, as it was let out to the Governor General in Council by Smt. Lalto Devi, wife of Shri Shiv Charan at a monthly rent of Rs.220.00 by a lease deed dtd. 21/11/1941. The entire demised premises measures 13,597.44 Sq. Mts. On 10/3/2017, the Central Government framed a policy providing for an extension of expired/expiring leases and in pursuance of such policy, the lease of the demised premises was extended initially up to 31/12/2019 and thereafter it was again extended on 15/2/2021 up to 31/12/2021 or till finalization of a new policy, whichever is earlier. The policy dtd. 10/3/2017 was further extended beyond 31/12/2022 for one year i.e. till 31/12/2023 or till finalization of a new policy, whichever is earlier. The lease dtd. 15/5/1934 in favour of the predecessors of the petitioners, had expired on 24/10/2023 and in pursuance of the policy dtd. 10/3/2017 issued by the Central Government as extended from time to time, the petitioners have been allowed to occupy the demised premises till date.