RATTI PALONJI KAPADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPEALS Nos. 1141 of I 991 and 1152 of 1991 are in respect or Writ Petitions Nos. 3215 of 1991 and 3511 of 1991 respectively. These writ petitions have been admitted but no interim orders have been granted. These appeals are from the order refusing to grant any interim reliefs. By consent of parties the original writ petitions are also placed for hearing along with the group of Petitions Nos. 433 of 1987 and others. The respondents waive service in respect of these two petitions.

(2.) ALL these petitions pertain to 48 plots of land situated at Mount Mary, Bandra Band Stand, Bombay. The respondent i.e. the State of Maharashtra is the owner of these plots of land. The State has executed long term leases in respect of these plots of land in favour of private parties from 1907 onwards. The petitioners in these writ petitions are the present lessees of these 48 plots of land from the State Government. They have challenged in these writ petitions a decision of the State Government dated 14th March 1986 under which the State Government has increased the lease rent in respect of residential plots of land in question to 25 times what the petitioners were paying as lease rent prior to 1st January 1981 while renewing the leases of the petitioners for a period of 10 years from 1.1.1981 to 1.1.1991. Although the rent has been so increased from 1.1.1981 the decision in this regard has been taken only on 14.3.1986 and is intimated thereafter to the petitioners. A few of the petitioners were informed of this increase as late as in 1991 for the first time.

(3.) AFTER obtaining the lease the lessee in 1907 constructed a bungalow on the said plot. The bungalow consists of a ground floor, a mezzanine floor and first floor. The carpel area of the ground floor is about 2786 square feet. The ground door of the bungalow was let out in the year 1933 and the ground floor is even now occupied by the family of the said tenant at a gross rent of Rs. 99/ - per month in view of the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The plot of land and building are assessed to Municipal property taxes on the basis of rateable value of Rs. 2210/ -.