accordance with law.
3. The one time non-refundable lease premium was paid to Cochin Port
Trust to enable the appellant to carry ... Station (CFS) on lease for 30 years from
28.10.2010 to 28.10.2040. lease agreement dated 15.03.2011, the
Assessee-Company had paid lease premium for the land
mandamus commanding the respondent nos. 2 to 4 to refund the lease
premium amount of Rs.13,40,500/- (Rupees Thirteen Lakh Forty Thousand
Five ... 1560/24-25 dated 04.09.2024
intimated the reasons for not refunding the lease premium. One of the
several reasons that had been mentioned
plaintiffs as original lessee can claim back the sub-lease
on making refund of lease premium whenever the sub-lessee intends to
transfer ...
... Therefore ... making refund of premium amount taken at the time of sub-
lease as lease is different from ownership right, in the lease, right to enjoy
resumed portion; and
ii. proportionate refund of the premium or charges paid under the
lease.
According to learned counsel, market value of land, solatium,
additional ... cannot justify the methodology adopted by the LAC. The lease
contemplates refund of proportionate premium as a contractual
measure, not reassessment of land value
have to ble refunded. However, in the case of appellant,
the lease deed does not prove for any refund of lease premium. It is thus ... provision in the lease for termination of lease at the instance of
the lessee and hence for refund of the lease premium
have to ble refunded.
However, in the case of appellant, the lease deed does not prove for
any refund of lease premium. It is thus ... provision
in the lease for termination of lease at the instance of the lessee and
hence for refund of the lease premium
GIDC, as
recorded on Page 3 of the Lease Deed. It was contended that the lease
was in the nature of a commercial arrangement ... materially similar. Both cases
involved long-term leases for industrial land, with one-time non-
refundable lease premium and nominal recurring rent, and in both
full amount of
lease premium for allotted area of the plot. They failed to fulfil their
obligation, though entire lease premium was paid ... allotment letter. It is
contended that, CIDCO was ready to refund amount of lease premium
collected to that extent and to execute agreement to lease
submitted that in the
circumstances the complaint was uncalled for and even lease was actually
executed in favour of complainant and therefore the complaint should ... lease from 30 years to 80 years and therefore there was no
question of M.M.R.D.A. refunding lease premium paid
understanding that it should be refunded on determination of lease. A lease can be in consideration of either premium or rent or money advanced ... lease which is non-refundable. On the other hand, payment of an advance/deposit relating to a lease is refundable on termination of the lease
