On Monday, the Allahabad High Court at lucknow observed that instrumentality of the State, i.e. Bharat Sanchar Nigam Limited, which is a Government Company, is occupying the land of the petitioner unlawfully.
Arguments before the Court:-
Counsel for the petitioner argued that as per a lease agreement certain portion of land which the petitioner let out to BSNL for the erection of the mobile tower.
As per terms of the lease agreement, the contract ended on 30.07.2019, but BSNL has not vacated the premises that belonged to the petitioner and is still using the land without paying any rent.
On the other hand, Counsel for BSNL stated that BSNL had paid rent to the petitioner till 31.09.2019.
However, the Bench noticed that the terms of the lease agreement was not renewed for any further period; the petitioner has been paid the amount of rent till 31.01.2021.
After going through the terms of the lease agreement and contentions raised by the counsels, the Bench noticed that till date BSNL is in the illegal occupation and use of the petitioner’s land for which the petitioner would not only be entitled to the rent but compensatory damages as well. It is also strange to notice that the rent by BSNL to the petitioner from 01.08.2019 till 31.01.2021 was paid on old rates.
The Bench remarked that they did not expect such conduct from BSNL.
Hon’ble Court listed the case on 03.02.2021 so that counsel for BSNL could obtain instructions from the General Manager and from the Chief General Manager of BSNL UP (East).
Title: Smt. Tasirul Nisha Rvs Bharat Sanchar Nigam Ltd. Thru. Its JTO,New Delhi & Anr.
Case No.:MISC. BENCH No. – 1042 of 2021
Date of Order: 01.02.2021
Coram: Hon’ble Justice Devendra Kumar Upadhyaya and Hon’ble Justice Manish Kumar
Counsel for Petitioner :- Nijam Ahamad
Counsel for Respondent :- Pratul Kumar Srivastava