- (1.) Heard Sri Ravi Kant, learned senior counsel assisted by Sri C.K. Parekh, learned counsel for petitioner, Sri Tarun Verma and Sri J.J. Muneer, learned counsel for respondents.
(2.) Petitioner was lessee on behalf of respondents No.3, 4 & 5, Union of India, General Manager, Diesel Loco Works (DLW), Varanasi and Assistant Engineer, DLW, Varanasi. After expiry of period of lease, respondents No.3 & 5 initiated proceedings of eviction and recovery of damages against the petitioner under Public Premises Eviction of Unauthorised Occupants Act, 1972 in the form of Eviction Case No.70 of 1995, Union of India Vs. Kamroop Industrial Gases Ltd. The Prescribed Authority/ Deputy Chief Mechanical Engineer, DLW, Varanasi on 03.05.1996 passed the order of eviction, copy of which is Annexure-2 to the writ petition. Through the said order, the petitioners were also directed to pay rent at the rate of Rs.12.8 lacs per year from 21.04.1995 till date of vacation of the premises along with 12% per annum interest. Against the said order, petitioners filed P.P. Appeal No.42 of 1996. IV A.D.J., Varanasi dismissed the appeal on 30.05.2011. Copy of the said judgment is Annexure-1 to the writ petition. Order of eviction was maintained, however four months' time to vacate was granted. Order of recovery of rent was varied and it was directed that ten times of the earlier rent i.e. Rs.48,000/- per month shall be paid as rent/ damages for use and occupation by the petitioners in the first instance starting from 21.04.1995. Estate Officer/ Prescribed Authority, who passed the first order (Annexure-2 dated 03.05.1996) was directed to reconsider the damages. Hence the first writ petition.
(3.) The main point argued by learned counsel for petitioners is that DLW had sent a letter to the petitioners on 19.05.1993 for renewal of lease at the rent of Rs.12.8 lacs per year, hence it amounted to renewal of lease.;