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Lease deed cancelled due to violation

india Updated: Jul 12, 2006 13:28 IST
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TAKING STRICT action against lease agreement violation, district Collector S K Mishra today cancelled the lease of plot number E-1/92 in Arera Colony, where over 55 plot owners were served notices for the same reason. The Collector also ordered the acquisition of the building housing Parulkar Hospital, a pathology lab and a medical shop. This is the first action in Bhopal in a lease deed violation case.

In the orders, the Collector stated that the action was being taken under section 182 of Madhya Pradesh Land Revenue Code 1959 for the violation of condition number 17 of lease agreement. The condition number 17 stated, “The leasee shall not without the previous permission in writing of the laesser use or allow to be used the said land for a purpose other than as a dwelling house”.

However, the house was being used for the commercial purpose by running the hospital, pathology lab and medical shop. Dr S S Parulkar had purchased this plot in July 1999 from original leaseholder R C Murar. The order stated that the hospital was being run on this plot of 8816 square feet since year 2000.

The district Nazool Department had issued the show-cause notice to the building owner in November 2005. In response, the building owner told that only a part is being used as diagnostic centre and clinic. Dr Parulkar pleaded that he ran Gurudutt Hospital near Fire Brigade, Fatehgarh, and was only examining the patients at Arera Colony in emergency.

In January this year, Dr Parulkar told the Nazool Department that he started using the said plot only for the residential purpose. After getting this application, the Nazool Department sent Tehsildar, Nazool, TT Nagar Circle, for the physical verification in March this year.

The Tehsildar found that the hospital was being run despite the application given by Dr Parulkar, who again submitted another application in April this year. The application stated that Dr Parulkar started clinic at the residence on the request of local people.

However, the Collector passed this order today for the violation of lease deed. The action was initiated in this direction during the period of then Collector Sanjay Kumar Shukla.

It is expected that the Collector could pass similar orders in other lease deed violation cases of Arera Colony. Recently, the Bhopal Municipal Corporation had carried out the videoshooting of the occupation violation. The BMC also served the notices to such building owners.

There are large-scale violations of lease deeds in various parts of the City. Commercial activities in the residential colonies are also creating problems for the local residents in such areas.