Summary
The remand of public-premises eviction and damages proceedings was maintained subject to payment of interim occupation charges and arrears. The Court did not decide the competing claims concerning renewal or final damages. It fixed tentative monthly charges, adjustable after the Estate Officer’s fresh determination, and made continued defence conditional on timely payment. Water supply was to be restored upon payment of the first arrears instalment.
Issues
- Whether the remand should continue despite non-payment for occupation following expiry of the lease.
- What interim payment conditions and consequences should govern the fresh proceedings.
Held
- The lease had expired and, apart from the court-directed deposit, occupation charges remained unpaid. A fresh opportunity before the Estate Officer was maintained subject to reasonable interim damages, without deciding the rival merits. (¶ 15–16)
- Tentative charges were fixed at ₹2.5 lakh monthly for June 2014–May 2018 and ₹3 lakh monthly from June 2018 until fresh disposal, subject to adjustment against the finally determined damages. (¶ 16–17(iii))
- After full arrears payment the Estate Officer should hear both parties afresh. Default in any instalment or monthly charge would forfeit the occupant’s defence and lead to restoration of proceedings and an eviction order according to law. (¶¶ 17(iv), 17(vii))
Result
Remand affirmed with conditions. Arrears, less ₹25 lakh deposited, payable in three equal instalments by August, October and December 2019 ends; monthly charges to continue. Company permitted to withdraw the deposit and electricity charges and directed to restore disconnected water after the first instalment. Final damages left to the Estate Officer; payment default carries the specified defence-forfeiture and eviction consequences. Parties bear own costs.