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Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act

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Judgment dated 18.12.2025 (uploaded on 20.12.2025) of the High Court of Bombay in Writ Petition No.16995 of 2025 of D.G.M & A Operated S.A. B. English Medium School through Principal Ashwini Harish Suryawanshi   Vs.   Shivaji Laxman Bhamare

Maha Rent Control Act – Premises for Running English School

 

Sections 24, 41 and 42 of the Maharashtra Rent Control Act, 1999 – No Application to the Premises given to School

 

Section 24 of the Mah.Rent Control Act, 1999, applies only to the residential licences

 

Educational Premises Given on Rent Not Covered under Section 24 of the Rent Control Act – Bombay HC Clarifies Jurisdiction of the Competent Authority

 

Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act

 

 

Order of the Competent Authority to hand over possession of the premises and to pay licence fees at the double rate per month from 18.6.2020 till possession is given.

 

The Leave and License Agreement was for three years from 10.6.2017 for running English Medium School. However, the petitioner continued to occupy the premises even thereafter.

 

HELD that once it is provided in the written agreement that the premises are given for school on leave and licence basis i.e. other than residence, then in that case it is clear that the Competent Authority exercising jurisdiction under Chapter VIII of the rent Act has no jurisdiction to deal with the same.

 

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