2019 09:10:33 :::
Wpld-212/19.
the supplementary lease deed dated 29 th October 2013. The Petitioner
is further seeking direction to Respondent ... lease premium
for the additional built up area being the first
installment before the execution of the Supplementary
lease deed and the balance amount
attention in this' appeal, reads as under:-
"SUPPLEMENTARY LEASE DEED"
This Lease Deed is made on the 25th Day of March, 1988 BETWEEN ... draft supplementary lease put by the Joint Director of Industries before him as Collector and District Magistrate, Bhilwara, and executed the supplementary lease deed
terms and conditions of the lease deed. According to them there is no provision in the lease deed, empowering the lessor or any one acting ... supplementary lease deed, proposed to be executed, seek to bring about fundamental and sweeping charges in the perpetual lease deed already in existence
June 2011.
[N] On 23rd October 2013, the MMRDA executed the
supplementary lease-deed which stipulated in clause 2(c) that
there shall ... lease deed therefore provided
as follows :
"There shall be no time limit as contained in clause
2(d) of the said lease deed
lease if a lessee accepts from his lesser a new lease of the property leased to take effect during the continuance of the existing lease ... executes a new lease of some property, at the request of the first lessee. In the present case, a supplementary lease deed was executed
SUPPLEMENTARY LEASE DEED
(...)
WHEREAS:
2. As per the Original Lease Deed dated 20th August 1982 NIHPL
had an option to renew the lease ... Supplementary Lease Deed contains an
extension clause, i.e. Clause 2, as per which DIAL is obligated to extend the
aforesaid Lease Deed
built up area of 72,500 sq mtrs. allotted under the
Supplementary Lease Deed dated 13 th July 2007. The said Notice
is also under ... lease premium by surrendering the additional built up area cannot
be considered as there is no provision in the Leased Deed as well
the Supplementary
note here-in that on 5 th November
2015, a Supplementary Lease Deed was executed by and in
Page 15 of 70
::: Uploaded ... integral part of the demised
premises. Article 5 of the Supplementary Lease Deed had inter alia
mentioned that there is "no time-limit
conditions of the Lease Deed dated 9 th
April, 2008 as well as the Supplementary Deed of Lease deed
dated 22nd April ... date of execution of the Lease Deed.
Viewed from that perspective, Article 2(d) of the lease deed
appears to be ex-facie unfair, unreasonable
built up area of 72,500 sq mtrs. allotted under the
Supplementary Lease Deed dated 13 th July 2007. The said Notice
is also under ... lease premium by surrendering the additional built up area cannot
be considered as there is no provision in the Leased Deed as well
the Supplementary
