Lease Agreement with Governemnt
Dushyant Pandya
(Querist) 03 June 2010
This query is : Resolved
Lessee has paid all lease rent and/or fees on time and has followed all the required and applicable compliances during the lease period. Now, lessee has applied for renewal before expiry and government is not ready to renew the lease period stating that they required the leased property for other commercial purpose.
Please advice to renew the Lease.
Kiran Kumar
(Expert) 03 June 2010
you can not compel the govt. to renew the lease...its not mere unilateral act, its a matter of agreement....moreover the govt. needs some premises for some particular purpose, how can you stop them?
B K Raghavendra Rao
(Expert) 03 June 2010
If government is not ready to renew the lease, you can do nothing about it.
Guest
(Expert) 03 June 2010
Agreed with the view of experts that any lease can be extended with the mutual consent of the parties concerned.
However, the following is suggested :-
(i) Apply to the concerned authorities that your livelihood will be disturbed if your lease is not renewed.
(ii)Seek the future purpose for which the property being leased-out, through RTI Application. If the purpose is of the same nature, ie., your commercial activity, you can very well demand continuation of lease.
(iii) Make one or other ground to file a 'writ petition' or 'permanent injunction petition'.
If the commercial purpose is such like SEZ (Special Economic Zone), etc., then there is no remedy available for you.
Dushyant Pandya
(Querist) 03 June 2010
Dear Siva Sir,
Thanks for your act of kindness in the query.
But, we have already filed writ petition in High court and have taken stay against the order passed by concern authority.
Also, in petition described various grounds including investments were made in huge capacity, livelyhood will be disturb and moreover, legitimate expectations and promissory estoppel.
Please advice if any more point or remedy is required or available.
Warm Regards
G. ARAVINTHAN
(Expert) 04 June 2010
what is the prayer in the writ petition?
