RATTI PALONJI KAPADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeals Nos. 1141 of 1991 and 1152 of 1991 are in respect of 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.) We will refer in detail to the facts in Writ Petition No. 433 of 1987 for the sake of convenience. The petitioners in this petition are lessees of Government Land Bearing Plot No. 209 situate at Bandra, Band Stand admeasuring 1226 square yards. The land was first leased to the lessee for a term of 50 years commencing from 1st January, 1901 at the yearly rent of Rs. 35/-. The lease deed is dated 25th July, 1907. Under Clause 6 of this lease deed, it is provided as follows: