PRANAB KUMAR CHATTOPADHYAY,J. - (1.) From the records, we find that pursuant to the advice of the Ministry, a meeting was held in presence of the representative of the department and the owner of the property on 14th October, 2003 for fixation of the revised rent in respect of the premises in question. It appears that on protracted negotiation, the rent for hiring the accommodation was mutually agreed to Rs. 17.50 per sq. ft. per month inclusive of taxes, maintenance and repair charges for the period of 5 years w.e.f. 1st October 1998.
(2.) The learned Counsel of the respondents submits that in spite of the aforesaid agreement the appellants did not make payment of rent at the aforesaid agreed rate during the aforesaid period. The learned Counsel of the appellants, however, submits that in view of the administrative approval, rent has been paid during the aforesaid period at the rate of Rs. 15.90 per sq. ft. per month.
(3.) Since the parties herein agreed to make payment of rent in respect of the rented premises in question during the aforesaid period of 5 years w.e.f. 1st October, 1998 at the rate of Rs. 17.50, we are of the opinion that the said appellants cannot make payment of the rent at a different rate on any ground for the aforesaid period. Therefore, we direct the appellants herein to make payment of the rent at the agreed rate of Rs. 17.50 per sq. ft. per month for the aforesaid period of 5 years w.e.f. 1st October, 1998 and the balance amount towards the rent should be paid by the appellants without any further delay but positively within a period of three months from the date of communication of this order. We further direct the concerned hiring committee to revise the rent in respect of the premises in question w.e.f. 1st October, 2003 till 1st November, 2011 without any further delay but positively within a period of 10 weeks from the date of communication of this order after giving an opportunity of hearing to all the interested parties including the authorised representative of the respondents, Seva Trust.;