Mr. Aparesh Kumar Singh, J. - (1.) In the first writ petition, petitioner has assailed the termination notice dated 5th February, 2016 issued by Divisional Engineer (South), South Eastern Railway, Ranchi invoking Clause-V of the Agreement to take over the possession of the leasehold premises on expiry of stipulated period of 180 days. Petitioner has also assailed the letter dated 2nd May, 2016, where under his claim for compensation was treated as nil (Annexure-1). It is not out of place to mention here that claim for compensation was made pursuant to communication dated 10th March, 2016 of Respondent-Railway (Annexure-2) to the lessee.
(2.) In the second writ petition, petitioner has challenged the notice of eviction vide letter dated 19th May, 2016 (Annexure-7) issued by Divisional Engineer (South) South Eastern Railway, Ranchi. It was followed by another letter dated 23rd May, 2016 also impugned herein, by which he was informed that the leasehold premises would be evacuated at 10.00 A.M. on 26th May, 2016 and he should be present there (Annexure-9). The letter dated 19th May 2016 (Annexure-7) was issued for violation of Clause II (17) of Lease Agreement dated 20th August, 2010, where under petitioner had failed to inform about the death of the lessee, his father on 4th October, 2014 within a period of 3 months. Lease agreement is enclosed in the counter affidavit to the first writ petition and is also part of the second writ petition. Terms and conditions of Clause II(17) and V are relevant for the purposes of deciding the case of the parties which is being quoted hereunder: II(17) In the event of the death of the lessee/sub lessee the person on whom the title of the deceased devolves shall within three months of the devolution give notice of such devolution to the Lessor along with certified copies of document(s) evidencing the devolution or transfer. V. PREMATURE TERMINATOIN OF LEASE In case the lessor/Railway Administration needs the space so developed or being developed by the Lessee/Developer at any time prior to the expiry of the lease period, the lessor Railway Administration reserves the right to take possession of the premises after giving one hundred and eighty days (180) notice to this effect to the Developer. On such premature termination of the agreement due to Lessor/Railway Administration's requirement the Developer shall be entitled for compensation that shall be decided mutually by the Lessor/Railway Administration and the Developer. In case of any dispute the matter shall be settled through the process of arbitration. General Manager/South Eastern Railway, or his nominee shall be the arbitrator and the provisions of Indian Arbitration and Conciliation Act 1996 shall be applicable.
(3.) It also transpires from the pleadings on record as well as submissions of the parties in the first writ petition that petitioner alone is not the sole heir of the deceased lessee Late Atma Ram Agarwal, but the lessee has left five more legal heirs including his wife, sons and daughters, who have not come forward to agitate against the impugned action. Petitioner in his wisdom has impleaded 4 of the legal heir in the first writ petition. Petitioner has questioned the impugned action essentially asserting that the Respondent-Railways have not come out with a defined redevelopment policy of A Category Station like Ranchi having revenue of more than 8 crores, while licensees/lessees like the petitioner are being evicted on unjustifiable grounds to get the premises vacated during subsistence of the lease period. The allegation relating to violation of clause II(17) relating to information about the death of the original lessee, is not a fundamental breach of core conditions of the contract but are worthy of being cured as per the provisions of Clause VI (3) (b). Petitioner only seeks indulgence of the Respondent-Railway authorities to seek its substitution in place of the original lessee along with all other legal heirs. Petitioner also undertakes to vacate the premises if the respondent are able to show real intent to develop Railway Station as professed because at present, there are no concrete plans to that effect.;