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Competent Authority of the Government is, therefore, directed to take up for consideration Issue for fixation of rent of Unit Nos. 201 to 204 and 205 to 208, admeasuring 11,941 sq. ft. super built-up area, situated on 2nd Floor, Shree Rang Heights and Arcade, New PDPU Crossroads, Gandhinagar, constructed upon Final Plot No.5, Sub Plot No.3 of Village Kudasan, Taluka Gandhinagar, District Gandhinagar, from 01-09-2012 to 31-12-2020 keeping in view various Government Resolutions/Circulars / Policy Decisions in force at the relevant point of time.

(24) We may further note the final award passed by the learned Arbitrator on Issue No.32 as under:-

"ISSUE NO.32: FINAL AWARD For the reasons aforesaid, direction is issued to the Competent Authority having power to decide reasonable rent under Government Resolutions / Circulars/Policy Decisions as in force at the relevant time and to decide the case of the Claimants for fixation of Rent of leased property bearing Unit Nos. 201 to 204 and 205 to 208, admeasuring 11,941 sq. ft. super built-up area, situated on 2nd Floor, Shree Rang Heights and Arcade, New PDPU Crossroads, Gandhinagar, constructed upon Final Plot No.5, Sub Plot No.3 of Village Kudasan, Taluka Gandhinagar, District Gandhinagar, from 01-09-2012 to 31-12-2020, in accordance with Government Resolutions / Circulars / Policy Decisions as in force at the relevant time, and to pass appropriate order in accordance with law.

(56) Having noted the above, the learned Arbitrator has reached at the following conclusion:-

"In view of above factual position, I do not wish to enter into those questions.
In my opinion, however, the Respondent is right in submitting that while taking immovable property on lease from a private party, Government Guidelines / Circulars / Policy Decisions were required to be followed. It is only on the basis of such exercise that private property can be taken on lease and the amount of rent can be fixed. Competent Authority of the Government is, therefore, directed to take up for consideration issue for fixation of rent of Unit Nos. 201 to 204 and 205 to 208, admeasuring 11,941 sq. ft. super built-up area, situated on 2nd Floor, Shree Rang Heights and Arcade, New PDPU Crossroads, Gandhinagar, constructed upon Final Plot No.5, Sub Plot No.3 of Village Kudasan, Taluka Gandhinagar, District Gandhinagar, from 01-09-2012 to 31-12-2020 keeping in view various Government Resolutions/Circulars/ Policy Decisions in force at the relevant point of time.

(60) In light of the above discussion, we find that the learned Arbitrator has digressed itself from the scope of dispute before it revolving around the alleged lease agreement dated 14.09.2012, in forming the opinion that the competent authority having power to decide reasonable rent under the Government resolutions / NEUTRAL CITATION C/FA/3516/2024 JUDGMENT DATED: 14/10/2024 undefined circulars / policy decisions is required to take the decision in the case of the claimants for fixation of rent of the leased property, thus, straightway jumping to the conclusion that the respondent is right in submitting that while taking immovable property on lease from private property, Government resolutions / circulars / policy decisions were required to be followed, without adjudicating the questions of validity of the lease agreement.