SARASWATI DALMIA Vs. COLLECTOR OF BOMBAY

JUDGEMENT

(1.) THE subject-matter of the two petitions before the Court in proceedings under Article 226 of the Constitution is land, to be more precise three parcels of land bearing CTS Nos. 2/65, 66 and 67 situated within the Lower Parel Division, Haines Road, Mahalaxmi, mumbai 400 011 The first petition arises out of an order of eviction passed by the Collector, Mumbai Suburban District on 18th August, 1997 in exercise of powers conferred by section 53 of the Maharashtra Land Revenue code, 1966. The order of eviction has been affirmed in appeal by the additional Commissioner and in revision by the Government of Maharashtra. The Collector, in appeal the additional Commissioner and in revision the state Government have concurred in holding that the term of the original leases expired on 31st October, 1985; that the purported assignment by petitioners 1 to 5 in favour of petitioner No. 6 on 19th April, 1988 must, therefore, be disregarded and that within the term of the original lease there was no exercise of the right of renewal. The order of eviction is questioned in the first petition. In the second petition, there is a challenge, to an order dated 31st October, 2001 passed by the Minister for revenue in the Government of Maharashtra declining to allot the land on a fresh lease to petitioner No. 6. For the reasons which I now propose to set out, I have come to the conclusion that the petitioners are not entitled to the reliefs which have been sought in these proceedings under Article 226 of the constitution.

(2.) ON 3rd October, 1936 and 23rd May, 1951 the Governor of Bombay executed deeds of lease in favour of Sir Shapurji Broacha Mills Ltd. , for a period of 50 years with effect from 1st November, 1935 till 31st October, 1985 with a convenant of renewal for a further period of 50 years on the same terms, subject to a variation of lease rent and a one time right of disposition without the previous sanction of the lessor. The Mills went into liquidation and on 2nd January, 1953 a deed of assignment was executed between the liquidators Dalmia Cement and Paper Marketing Company Limited as confirming party and Bharat Insurance Co. as assignee by which the lessee assigned and transferred its interest in the land in favour of the assignee for the remainder of the lease.

(3.) BY a notification dated 20th June, 1960, the business of Bharat Insurance Company came to be transferred and vested in the Life Insurance Corporation of India Limited (LIC ). LIC applied to the Government of Maharashtra for a sub-division of C. S. Nos. 65 (Part) and 67 into three plots which is stated to have been granted on condition that LIC should first surrender possession of the land. Accordingly, LIC executed a deed of surrender on 28th July, 1960. On 28th July, 1964, the Government of Maharashtra entered into three separate lease deeds in favour of LIC. A copy of one of the lease deeds in respect of cadastral survey 2/65 is annexed to the first petition. The term of the lease was to expire at the end of a period of 50 years on 31st October, 1985. Among the convenants that were assumed by the lessee was one under clause 2 (c) of the lease deed which provided thus :