VRINDAVAN CHSL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These writ petitions challenge the constitutional validity of certain terms on which long-term leases granted by the State to various lessees, most of which are Housing Societies, all located in Bandra, are being renewed. The litigation over these leases has had a chequered history in this Court, these petitions constituting the latest round of litigation. At the heart of the challenge is the assertion that any linkage between the lease rentals for the lands on which various residential premises stand, and the value of those lands, is per se prohibited owing to past rulings of this Court. The issues boil down to interpreting the terms of contract [the expired Lease Deeds] between the petitioners and the State, and the Government Resolutions that fix the methodology for calculating the lease rent payable by the Petitioners who seek renewal of their lease.

(2.) Added to the mix, are the terms on which the said Leasehold lands may be converted into Freehold lands under the Maharashtra Land Revenue Code, 1966, if the Petitioners so choose to do. However, this conversion issue is not under challenge in these proceedings. For completeness, we must also mention that some of the above Writ Petitions also challenge the constitutional validity of Article 36 (iv) to Schedule I of the Maharashtra Stamp Act, 1958 and the Government Resolution dtd. 31/10/2006. However, we are not deciding this challenge by the present judgement.

(3.) For the sake of context, we shall set out what each of the above Writ Petitions challenge in these proceedings. Writ Petition Nos.328 of 2015; 923 of 2014; 491 of 2014; 493 of 2014; 511 of 2015; 347 of 2015; 483 of 2015; 348 of 2015; and (L) 8174 of 2024 all challenge the Government Resolutions dated (i) 29/5/2006 (for short "the 2006 GR "); (ii) 12/12/2012 (for short "the 2012 GR "); and (iii) 5/5/2018 (for short "the 2018 GR ") respectively. As a consequence, all the above-mentioned Petitions (except Writ Petition No. 328 of 2015) also challenge the Notice dtd. 30/3/2013 issued pursuant to the 2012 GR. Basically the 2012 GR and the 2018 GR set out the methodology for calculating the lease rent at which the expired leases would be renewed by the Government. The 2006 GR basically states that the Government has taken a policy decision to adopt the "Annual Statement of Rates ", also commonly known as the "Ready Reckoner " rate, for determining the value of Government lands. Since the 2012 and the 2018 GRs seek to determine the lease rent payable on the basis of the value of the land [as per the Ready Reckoner], the 2006 GR is also challenged.