Smt. Rajani Devi Banka And Another vs Union Of India And Others
2022 Latest Caselaw 1805 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK


                                        W.P.(C) No.1044 of 2004

             Smt. Rajani Devi Banka and another              ....          Petitioners

                                                            Mr. M.C. Jena, Advocate
                                              -versus-
             Union of India and others                       ....     Opposite Parties
                                                         Mr. Aditya N. Das, Advocate

                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE A.K. MOHAPATRA


                                              ORDER

Order No. 14.03.2022

17. 1. A written note has been submitted by Mr. A. Das, learned counsel appearing on behalf of HPCL. As regards HPCL expressing its willingness to continue the lease beyond 31st October, 2013, he produces a letter dated 10th February, 2014 addressed to the legal heirs of the Petitioners.

2. As regards the payment of market rent, the Petitioners state that the HPCL has been paying the rent as per the last lease deed and the legal heirs have been accepting the rent. However, it is plain that HPCL has not been paying market rent as contemplated in the judgment dated 11th November, 2021 of the Supreme Court in Civil Appeal No.6726 of 2021.

3. Consequently, the Court tentatively fixes the rent to be paid at Rs.20,000/- per month from 1st November, 2013 onwards till date and the amount so calculated will be brought to this Court by way of

demand draft by the HPCL in favour of the Petitioners on the next date to be handed over to the learned counsel for the Petitioners. Subject to the compliance with the direction, the Court will be willing to consider sending parties for negotiation.

4. It is made clear that the payment of the above amount is without prejudice to the rights of the Petitioners.

5. List on 5th May, 2022.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge R.K. Singh/Jagabandhu