2024High CourtJuly 2024LatestLegalReal Estate

Rent as per Ready Reckoner – Renewal of Lease of Government land

The entire history of lease of government lands in Bandra, Mumbai, from 1951 onwards and levy of rent through various Government Resolutions was traced in detail in this judgment.

The buildings were constructed on the lease hold land and flats were sold to various flat purchasers who had formed Housing Societies.

Important questions arose and decided were formulated in para 54 of the judgment.  Can the Government fix the lease rent for the renewal of its lands to the petitioners as per Ready Reckoner? and Another question was whether the Government can revise / reset the lease rent every 5 years depending on the value of the land on the date of such revision?

HELD, having considered the Government Resolutions of 2012 and 2018 and applying the formula as per the details given in paras 74 to 76 of the judgment, it was found for the housing society, per member per month and the individual plots, it was found that the increase is not exorbitant.   

Considering the value of money and inflation, it is obvious that the lessees of the government lands have enjoyed and used all these properties virtually for free for 30 years even after their leases expired in 1981.   Even the individual plot holders are concerned they are enjoying huge portions of land in the prime location of Bandra virtually free of cost.

Judgment dated 10.7.2024 of the Division Bench of the Bombay High  Court om W.P.No.328 of 2015 of Vrindavan CHSL Vs. State of Maharashtra & Another with connected matters.

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