Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and Sri Asit Chaturvedi, learned Senior Advocate assisted by Sri Pratul Kumar Srivastava, learned counsel representing the Bharat Sanchar Nigam Ltd.
Having regard to the grievance raised in this writ petition though the same lies in the realm of contract entered into between the parties and as such the maintainability of the writ petition appears to be at stake, however since on account of the efforts made by Sri Asit Chaturvedi, learned Senior Advocate, the parties have come to the terms, therefore, we proceed to decide this writ petition in the following manner.
Undisputedly, certain portion of land belonging to the husband of the petitioner was taken on lease by the Bharat Sanchar Nigam Ltd. for erecting a mobile transmission tower w.e.f. 01-08-2005. During subsistence of the earlier lease agreement husband of the petitioner unfortunately passed away and on the basis of the agreement arrived at between the members of the family, the lease rent is being paid to the petitioner under the lease agreement dated 23-03-2019.
As per the said lease agreement dated 23-03-2019, the petitioner has been paid rent @ Rs. 2340/- P.M. till 31-07-2019. Infact the rent till 31-01-2021 has also been paid to the petitioner @ Rs. 2574/-P.M. w.e.f. 01-08-2019.
Having regard to the fact that any abrupt dislocation of the tower may cause undue hardship to the consumers of the telephone services, Sri Asit Chaturvedi, learned Senior Advocate, on the basis of the instructions received from theBharat Sanchar Nigam Ltd. has stated that the Bharat Sanchar Nigam Ltd. will vacate the land by 31-08-2021 and that the authorities of the Bharat Sanchar Nigam Ltd. have agreed to make payment of the rent at the increased rate by 20% over and above of Rs. 2340/- P.M. w.e.f. 01-08-2019 till 31-08-2021.
Infact, this was a proposal extended by the learned counsel for the petitioner in the court during hearing of this matter, which has been accepted by the authorities of the Bharat Sanchar Nigam Ltd.
Accordingly, this writ petition is disposed of in the aforesaid terms and with a direction that the Bharat Sanchar Nigam Ltd. shall vacate the land/premises in question and shall remove all its installations by 31-08-2021. The petitioner shall be entitled to be paid the monthly rent we.f. 01-08-2019 till 31-08-2021 at the enhanced rate by 20% over and above of Rs. 2340/-P.M.
The arrears which may accrue to the petitioner from 01-08-2019 till 28-02-2021 shall be paid by 31-03-2021. The rest of the rent shall be paid to the petitioner as above.
We however, make it clear that in case of any breach of terms of this order, it shall be open to the parties to invoke contempt jurisdiction of this court.
Before parting with the matter, we must put on record our appreciation for efforts made by Sri Asit Chaturvedi, learned Senior Advocate and also by the officers of BSNL in getting the issue resolved between the parties amicably.
Order Date :- 4.2.2021 AKS