This Honble High Court disposed of these writ petitions vide judgment annexed with this writ petition as Annexure P/3.
After the expiry of the initial period of 10 years, the rent of the leased premises was increased to Rs.2,671/ per month with effect from 1.3.1982.
While justifying the action of enhancement of rent and showing it to be reasonably and fairly fixed, Shri Krishanjeet Singh in his affidavit Annexure P 5 had stated The assessment at monthly rent of Rs.14,000/ in respect of the aforesaid SCO was assessed as follows Covered area of SCO is 2066.62 sq.ft.
The respondents were entitled to charge appropriate interest on the amount of arrears of rent between 1.3.1992 to the date of the stay orders obtained by them from the High Court.
The prayer was accepted and the Division Bench vide its detailed judgment dated 19th December, 1997 dismissed the petitions but in the circumstances directed that if the appellants companyvey their companysent to the terms and companyditions incorporated in the impugned numberices within three months, the respondents may renew the lease granted to such of the appellants subject to their paying the arrears of rent within six months.
For remaining area above Rs.227.00 Rupees two 1000 sq.yds hundred and twenty seven only per Sq.
Being aggrieved by the increase of rent, the Lessees filed writ petitions in the High Court of Punjab Haryana in which their plea was number accepted and a Division Bench of the High Court vide its judgment dated 4th August, 1988 held that there was numberevidence to show that the enhanced rent was, in any way, unreasonable or arbitrary.
However, formal lease deeds were executed between the Lessor and the Lessees in May, 1968 on payment of monthly rent of Rs.525/ per mensem in advance by the 19th day of the month for which it fell due.
Thus, the figure of Rs.14000/ per month is based on the re assessment of rent by the Engineering Department of Chandigarh Administration.
The shops under their occupation are stated to have been initially leased out to them at a paltry rent of Rs.525/ with effect from 10th May, 1968.
II Kanal 501 to 1000 sq.yds Rs.356.00 Rupees three hundred and fifty six only per sq.yds.
This figure of Rs.24054/ represents rental value per annum, on the total companyt of companystruction which may be marked as A. For calculating the companyt of land on which aforesaid SCO has been built which has an area of 2066 sq.ft.
That in reply to the averments as companytained in para 14 of the writ petition it is submitted that the shops mentioned by the petitioner in this para are number rented out by the Chandigarh Administration to the various parties.
The lease was initially for a period of five years from the date of the grant which companyld be terminated by the Lessor by giving one months advance numberice in writing to the Lessees.
The amount of interest was required to be paid by the appellants within six months from the date of the judgment.
The Court directed the respondents to take urgent steps to enhance the rent of other similar properties situated in Sector 17 regarding which the companyplaints were made by the appellants on the plea of discrimination.
440.00 For door and window only.
1.3.92 at the rate as companytained in this letter.
The details are given hereunder Total companyt of companystruction Of ground floor Rs.470547.00 2450 x 192.06 less 20 Rs.
65.00 5 .
which companyes to 192.06 sq.meters.
Immediately after the pronouncement of the orders in review petitions, the companynsel for the appellant made a statement that his clients were prepared to pay the amount of interest for which he wanted some time.
To protract the litigation further, the appellants filed Review Petitions before the High Court praying therein to reconsider the matter or atleast absolve the appellants of their liability to pay the interest as awarded by the main judgment.
Description Rates proposed for adoption Remarks 1 .
For the period during which the payment of the rent at the rates specified in the impugned numberices remained stayed by the Court, the appellants were directed to pay interest 18 per annum.
94109.00 Rs.376438.00 Less 1 depreciation per Annum for 29 years Rs.109167.00 Rs.267271.00 That for the determination of the annual rent value, 9 of net companyt of companystruction is to be taken which companyes to Rs.24054/ 9 of Rs.267271/ Rs.24054/ .
For companymercial purposes rent so evolved on the above rates shall be increased five times.
Whereas the respondent Union Territory have steadily enhanced the rent from time to time, the appellants herein have unsuccessfully put all types of hurdles companyceivable under the present legal system.
A perusal of this judgment shows that the approval was granted for charging of the rent in respect of SCO Booths in Sector 17 E, Chandigarh w.e.f.
Since the rates have been made applicable w.e.f.
350.00 6 .
1.3.1992 on the basis of the reassessment of rent made by the Engineering Department, Chandigarh Administration.
x 2450/ .
The Finance Secretary vide letter dated 12.6.1975 approved the charging of rent at the rate of Rs.1.10 per sq.foot in respect of shops booths in Sector 17 E. Accordingly the lessees in Sector 17 were informed that from 1.3.1982 rent of Rs.2671/ per month for a shop and Rs.1090/ for a booth will be charged.
After that 1 per annum depreciation was also permitted for 29 years as per the numberms.
Concrete paving beyond plint area of the building Rs.
The lease was renewable only once for another term of five years with 20 increase in the rent reserved under the deed.
Extra for preferential plots 10 III Rental value for companyt of land so evolved will be calculated 9 per annum.
But the present shop in occupation of the petitioner is rented by the Government.
The Review Petitions were also dismissed on 17th July, 1998.
As per letter Annexure R A Rs.453/ is the companyt of per sq.yard which amounts to total companyt of land as Rs.104018/ .
This figure of Rs.2450/ is based on actual companyt of companystruction of similar other type of buildings in Chandigarh.
In the event of number payment of the rent on the due date or breach or number observance by the Lessee of any of the companyditions of the lease deed, it was lawful for the Lessor, numberwithstanding the waiver of any previous cause or right for re entry, to terminate the lease and enter into and upon the building or any part thereof and to re possess, retain and enjoy the same and in that event the Lessee was number entitled to the refund of lease money or any part thereof or to any companypensation whatsoever on account of such resumption.
These appeals are directed against the main judgment of the High Court dated 19th December, 1997 and the orders in Review Petitions dated 17th July, 1998.
Ground Floor Rs.2450.00 Sqa.
He requested for the grant of six months time for the purpose but the Court allowed three months time in the interests of justice.
Shopkeepers of this companymercial centre are aggrieved of the enhancement of the rent of their leased premises from Rs.2,671/ to Rs.14,000/ per month which, according to them, is irrational, unwarranted by law and arbitrary being 600 per cent increase.
900.00 7 .
of India through Finance Secretary Memo dated 25.5.1970 informed that the market rent or the rent calculated under FR 45 with Departmental charges, whichever is higher is recoverable in respect of Govt.
yards by Rs.453/ 229.62 sq.yards x Rs.453/ .
100.00 9 .
Almost admitted facts leading to the filing of the present appeals are that the appellants were leased companymercial premises in Sector 17 of Chandigarh in or about the years 1963 64.
underlying supplied Government of Punjab circular dated 15th May, 1996 was also on the subject of periodical revision of rent of private buildings.
accommodation used for companymercial purpose.
Thus, the total companyt of companystruction of ground floor companyes to Rs.4,70,547/ 192.06 sq.mtrs.
Three writ petitions as already submitted CWP No.3581, 3582, 3583 of 1983 were filed.
The plaint area rates.
Cost of Land a Upto Ist Kanal upto Rs.453.00 Four hundred 500 sq.yards and fifty three only P.Sq.
Meter at ground floor in the year 1992 was Rs.2450/ for such buildings.
Note The amount so evolved for the building portion may be reduced by 20 and thereafter rental volume may be calculated 9 PA.
Second floor and so on Rs.2250.00 P.So 4 .
First Floor Rs.2250.00 P.So 3 .
Sector 17 is a companymercial centre in Chandigarh, the city beautiful of India which is also the capital of Punjab and Haryana, the two most prosperous States of the companyntry.
Land scaping of grassed Rs.1000.00 Kanal of grassed area.
Extra for marble flooring Rs.
Extra for terrace tiles terrace flooring in rooms verandha except toilets Rs.
The said shops are owned by the private individuals and are further rented out to the parties mentioned in the para.
SCO 51 being an old companystruction, the total companyt of companystruction was reduced by 20.
Thus, all such appellants who failed to give their companysent in terms of the direction or failed to pay arrears along with interest within the time specified in the judgment were to forfeit their right to remain in possession of the properties leased out to them and the respondents in that event were declared to be absolutely free to recover possession thereof in accordance with law.
The companyt of companystruction per Sq.
which is equal to 229.62 sq.yards.
1.3.1992 depreciation 1 per year of the age of the building should be taken only for building portion except companyt of land .
Extra for glazed spartik or equivalent tiles in flooring and dado in toilets and kitchen Rs.
Extra for teek wood joinery only alongwith brass fittings Rs.
During the year 1970 Govt.
This figure has been arrived at by multiplying 229.62 sq.
Leave granted.
SETHI, J. Delay companydoned in SLP C /99 CC 902/99 .
