- (1.) THE petitioners have sought the quashing of the notices each dated 21 November 2013 issued by Moti Lal Nehru National Institute of Technology, Allahabad ('Institute') requiring each of the petitioners to deposit the arrears of lease rent by 15 December 2013 failing which it has been stated that the sheds will be sealed after which appropriate steps will be taken for their eviction.
(2.) IT is stated that petitioner no.1 was allotted Industrial Shed No.35; petitioner no.2 was allotted Industrial Shed No.32; petitioner no.3 was allotted Industrial Shed No.12 -A; and petitioner no.4 was allotted Industrial Shed No.60 in pursuance to unregistered lease agreements executed sometime in 1974/1977 for a period of 15 years on a monthly rent of Rs.400/ - per month which was later enhanced to Rs.500/ - per month. The period of lease, therefore, stood expired in 1989/1992.
(3.) ON 16 December 2013, when the matter was taken up by the Court, it was noticed that the period for which the lease was executed by the Institute expired in September 1989 and that the amount mentioned in the impugned notices due and payable by the petitioners was accepted by the petitioners. It is in this background that the Court issued interim directions which are as follows : - "As accepted position is that amount demanded as rent/damages has not been paid, and lease period has already expired and the petitioners are perpetuating themselves on the spot, in order to balance the equities, and as under taken by petitioners before this Court, petitioners are directed to pay entire amount in question within the period of two month from today and the current rent that would be payable to the respondents w.e.f. January, 2014 shall be at the rate of @ 20,000/ - per shed per month. This is an interim arrangement and shall abide by the final orders of this Court. Based on the notices, which is impugned in the present writ petition, no action shall be taken till the next date of listing. In the event of failure to comply with the terms and conditions of interim order, interim protection shall stand discharge." The petitioners filed an application for modification of the order dated 16 December 2013 with a prayer that the Court may modify the earlier order dated 16 December 2013 to the extent it relates to payment of Rs.20,000/ - as the rent to be paid by the industrial sheds w.e.f. 1 January 2014.;