Leave to amend the nomenclature of respondent No.1, is granted. The necessary amendment be carried out, forthwith.
Heard Mr.K.S.Nanavati, learned Senior Advocate with Mr.Bhavesh Choksi, learned advocate for Nanavati Associates for the petitioners. It is submitted by learned Senior Advocate that the petitioner No.1 is a Trust that is running a non-granted School with 1200 students, in a building constructed on land that was given on lease for a stipulated period in the year 1978. The lease was to expire in the year 2008. The petitioner-Trust applied in advance for renewal of the lease in the year 2005. However, there was no response to the application for renewal till 09.04.2012 from respondent No.2-Vadodara Municipal Corporation. It is further submitted that on 09.04.2012, the petitioners were informed that the lease amount has been revised and on 27.04.2012, the petitioners have been told to pay a huge amount of Rs.7.21 Crores, as a retrospective demand from expiry of the lease, stating that the amount is to be paid on, or before, 30.04.2012, failing which the possession of the School would be taken over. It is contended that this action has been taken without affording the petitioners an opportunity of hearing.
Issue Notice returnable on 09.07.2012.
By way of ad-interim relief, it is directed that no coercive action be taken against the petitioners, till then.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top