RAMESHWAR SINGH MALIK,J. - (1.) Feeling aggrieved against the impugned appellate order dated 14.9.2016 (Annexure P-23), passed by the Commissioner, Hisar Division, Hisar, whereby he upheld the ejectment order dated 24.4.2015 (Annexure P-21), passed by the Collector, Hisar, under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter called 'the Act'), petitioner Corporation has approached this Court, by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari, for quashing the impugned orders.
(2.) This case has a chequered history. The Municipal Committee, Hisar, leased out the demised premises to Burmah Shell Oil Storage & Distributing Co. of India, predecessor-in-interest of the petitioner, vide lease-deed dated 14.4.1958 (Annexure P-1), for a period of 10 years @ Rs.1600/- per year. This lease-deed (Annexure P-1) was extended for another period of 10 years, by Annexure P-2 dated 1.10.1968 @ Rs.2400/- per year. The lease-deed (Annexure P-2) was to expire on 31.12.1977. In the interregnum, the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 [Annexure P-3] ('the Act of 1976 'for short') came to be notified and the present petitioner stepped into the shoes of its predecessor-in- interest, i.e. Burmah Shell Oil Storage & Distributing Co. of India, from 24.1.1976. .
(3.) Placing reliance on the provisions contained in Sections 5 and 7 of the Act of 1976, petitioner applied to the Administrator, Municipal Committee, Hisar, vide its application dated 26.12.1977 (Annexure P-4), seeking further extension of the lease for another period of 10 years, w.e.f. 1.1.1978, as the above-said lease-deed (Annexure P-2) was to expire on 31.12.1977. However, the request made by the petitioner, seeking extension of lease, was not accepted by the lessor-Municipal Committee. Immediately after receipt of the request made by the petitioner vide Annexure P-4, the Administrator, Municipal Committee, Hisar, intimated the petitioner vide communication dated 29.12.1977 (Annexure P-5), to vacate the leased premises till 31.12.1977.;