R.K.MERATHIA, J. - (1.) This interlocutory application has been filed on behalf of Heavy Engineering Corporation Limited (for short 'H.E.C.') with a prayer to direct the Government of Jharkhand to pay the up -to -date amount on account of rent payable by the Government of Jharkhand to H.E.C., against occupation of the buildings of H.E.C.
(2.) MR . Rajiv Ranjan, appearing for the H.E.C. submitted that the calculation up to December, 2007 was given in this interlocutory application but thereafter also the rent has fallen due. Mr. S.B. Gadodia. learned Advocate General, appearing for the State of Jharkhand, submitted that the amount claimed is based on the enhanced rate of 25% and thus it is disputed; and secondly when the rehabilitation package is pending, the State Government is not liable to pay the rent.
(3.) AFTER hearing the parties at length, the following position emerges. The relevant portion of order dated 3.2.2005 passed in this case reads as under: LA. No. 106 of 2005: I.A. No. 106 of 2005 has been preferred by the Company, the Heavy Engineering Corporation Limited (H.E.C), for direction upon the State of Jharkhand to settle the issues regarding the rent payable to the H.E.C. for the buildings taken on rent by the State Government for its officers and employees. On behalf of the State of Jharkhand, it is informed that the State of Jharkhand has decided to pay the following rent in favour of the Company: (a) Rent payable for office space (pucca structure with RCC roof).... Rs. 4.00 per sq. ft. (b) Rent payable for office space (pucca structure with asbestos/tile roof) Rs. 2.00 per sq. ft. (c) Rent payable for residential space (pucca structure with RCC roof) Rs. 2.00 per sq. ft. (d) Rent should be calculated on total carpet area of a building. (e) Rent payable by the State Government may be revised after five years by an additional sum of 25% on the base rental. ] It is stated that the above rental will be payable for occupation of the buildings and the rates shall be applicable from the date of taking over possession from the H.E.C. by the Building Construction Department. However, according to the learned Counsel for the Company (H.E.C), rent should be paid from the date the building/quarters have been taken possession of by the Building Construction Department or the officers of any department or any authority of the State or any person on behalf of the State..;