MANOJKUMAR MATHURDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) THE Petitioner challenges the order passed by the authority in relation to fixation of the rent pertaining to the suit plot consequent to the directions issued by this Court in Writ Petition No. 10 of 1999 by an order dated 2/02/1999 on the ground that the valuation has been made in total violation of basic principles of natural justice and that it also discloses non-application of mind of the authority, who has passed the order fixing the market value of the land in question for the purpose of calculation of annual rent and further that the order in relation to fixation of rent is based on totally irrelevant materials.

(3.) FEW facts relevant for the decision are that the petitioner was granted lease of the suit plot initially for a period of 30 years commencing from 1/08/1962 and as regards the rent subsequent to the expiry of the said period, it was agreed that the same should be at the rate of 15% of the market value of the land as on 1/08/1992. During the period of 30 years, annual rent was Rs. 5,117/- p. a. However, on the expiry of the said period of 30 years, the respondents demanded rent of rs. 6,40,280/- p. a. , and being aggrieved, the petitioner filed a Writ Petition challenging the said demand of rent. By an order dated 2nd February, 1999 passed in the said Writ Petition No. 10 of 1999, it was directed that the authority shall, after taking into consideration all the materials produced before it on behalf of the petitioner and the respondents and after giving personal hearing to them, should decide about the quantum of rent payable by the petitioner. After hearing the petitioner, the authority by its letter dated 22/08/2000 informed the petitioner that the concerned authority has decided the quantum of rent to be Rs. 9,50,037/-on the basis of the market value of the suit plot at the rate of Rs. 2,975/-per sq. meter as on 1/08/1992. Being aggrieved, the petitioner preferred the present petition, and during the pendency of the proceedings in this Court, the petitioner obtained various copies of the proceedings before the authority in relation to fixation of the market value and quantum of rent which included the order pertaining to the fixation of the market value passed by the concerned authority on 24/03/2000.