PAWAN BAWRI, S/O (L) J N BAWRI Vs. UNION OF INDIA; DIRECTORATE GENERAL; SHILLONG CANTONMENT BOARD; CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner has filed the present petition seeking directions to the respondents to renew the leases in respect of Holding No. 60 CB, Sy No. 15/94 and Holding No. 60A CB, Sy No. 15/95 in favour of the petitioner forthwith and also to mutate the leasehold rights of Holding No. 60 CB, Sy No. 15/94 and Holding No. 60A CB, Sy No. 15/95 in favour of the petitioner forthwith.

(2.) The case of the petitioner is that the father of the petitioner namely Mr. J.N. Bawri (now deceased) was the lessee of a plot of land being Holding No. 60 CB Cantonment Bazar, Shillong. Vide lease dated 28.02.1945 which was executed for a period of 30(thirty) years renewable at the option of the Lessee for 90(ninety) years. Subsequently, in the year 1968 the father of petitioner surrendered the said lease and in its place two separate leases were issued. The original plot was carved into two plots viz. Holding No. 60 CB, Sy No. 15/94 measuring 17,450 Sq.ft and Holding No. 60A CB, Sy No. 15/95 measuring 62,750 Sq.ft. and two separate Lease Deeds dated 07.02.1969 were issued in favour of Mr. J.N. Bawri (now deceased).

(3.) It is also stated that the said Lease Deed in respect of Holding 60/Sy No. 15/94 was renewed by the respondents vide a registered Deed of Indenture dated 02.07.1977 for a period of 30(thirty) years w.e.f. 14.02.1975. Similarly, upon exercising the option of renewal by Mr. J.N. Bawri, the said lease Holding No. 60A CB, Sy No. 15/95 was also renewed vide a registered Deed of Indenture dated 02.07.1977 for a period of 30(thirty) years. The father of the petitioner was the lessee in possession of the said two plots of land.