Structures on lease land
Dushyant Pandya
(Querist) 09 October 2012
This query is : Resolved
Port Authorities had allotted land on lease basis having renewal clause. Accordingly, huge structure was erected on the said land by investing huge amount. Financial support was taken with the prior concern of Port Authorities. The said lease is having renewal clause also. After the expiry of lease, lessee had applied for renewal and accordingly renewed for shorter period against agreed period. Now, shorter period of renewal was expired and port authority demanding back the land. Issued eviction notice and stop all the activities. Port Authority taken possession of the land and structure lying on the said land and informed that after expiry structure belongs to them as not clear by lessee within notice period.
Is any right of lessee on structure?
Bhawani Mahapatra
(Expert) 09 October 2012
Dear
Pl. go through the Sec-60(b) of Easement Act-1882, which stipulates that if any permanent structure is made in persuance of a license, such license cannot be revoked. So you/your lawyer can lead the case if arose in that way stating that you have spent a huge money within the knowledge of the lessor, hence his cancellation of lease is illegal.
