Whereas the property described in Schedule I hereunder written hereinafter referred to as the said property has been acquired by the Central Government by the Notification of Govt. of India in the Ministry of Rehabilitation No....................dated..................issued under Section 12 of the Displaced Persons Compensation and Rehabilitation Act, 1954 (Act No.44 of 1954);
And whereas under the provisions contained in Section 20 of the Displaced Persons Compensation and Rehabilitation (Act, 1954 Act No.44 of 1954), the Central Government has decided to transfer the said property to Shri....................................S/o............................at or for the price of Rs..................(Rupees...........................) paid by Shri...................................S/o.......................(Rs......................in cash and Rs................by adjustment against the compensation ) payable under the Displaced Persons Compensation and Rehabilitation Act, 1954 (‘Act No.44 of 1954) to him and his associates whose names are given in Schedule II hereunder writted and whereas the said associatees have agreed to the property being granted, released, conveyed and assured unto Shri.
And whereas the said Shri................................S/o.........................................died on.............at..................leaving behind him.................................., as his successor-in-interest hereinafter referred to as the transferee.
The President is hereby pleased to transfer the right, title and interest acquired by the Central Government in the said property to the transferee.
And for the removal of doubts, the President of India hereby certifies and declares that he grants and transfers to the aforesaid transferee the property described in Schedule I hereunder written. TO HOLD the same to the transferee absolutely for ever free from encumbrances and excepting and reserving to the Government of India all mines and minerals of whatever nature lying in or under the said property together with full liberty at all times for the Government of India, its agents and workmen, to enter upon all or part of the said property to search for, win, make, merchantable and carry away the said mines and minerals under or upon the said property or any adjoining land of the Government of India and to let down the surface of all or any part of said property and any buildings now or hereafter to be erected thereon making fair compensation to the transferee for damage to be erected thereon making fair compensation to the transferee for damage done upon him thereby, subject to the payment of land revenue or their imposition payable or which may become lawfully payable in respect of the said property and to all public rights or easements affecting the same.
The stamp duty, if any, upon this instrument shall be borne by the Government of India.
This transfer shall be deemed to have come into force from...
Distt. Town Mahal Khasra No. Area Right of Irrigation
SCHEDULE
Name of Associates 1. 2. 3. 4.
Executed this ... day of ... at ... by ... (Signature).
(Managing Officer/Managing Corporation for and on behalf of the President of India).
(Applicable
to Government owned Sites in the Delhi State- revised terms)
This lease made this ... ... day of ... ... of the year One thousand nine hundred and fifty ... between the President of India (hereinafter called the Lessor Mich expression shall unless the context requires another and differ- ent meaning include his successors and assigns) of the one part and .............................................. s/o ... ........................... (hereinafter called the Lessee" which expression shall unless the context requires. another and different meaning to mean and include the said ..................... his heirs, executors, administrator, representative and permitted assigns) of the other part :
Whereas the lessor has agreed to demise to the Lessee the land described in the Schedule hereunder written upon the terms and conditions hereinafter appearing and contained;
Now, this indenture Witnesseth that in consideration of the premium of Rs ...... paid before the execution of these presents the receipt where of the Lessor hereby acknowledges and the rent hereinafter reserved and of the covenants by the Lessee hereinafter called the Lessor both demise unto the lessee all that piece of land containing by and measurement ... or thereabouts situated in Plot No.... ... in which said plot of land is more particularly described in the Schedule hereunder written and with the boundaries thereof has for greater cleanness been delineated on the plan annexed to these presents and thereon coloured red, together with all right, easements and appurtenances to the same belonging save and except all mines and mineral products, buried treasure, coal, petroleum, oil and quarries whatsoever in/under or within the said land with liberty for the Lessor and his-lessees, licensee agents and workmen and all other persons acting on his behalf to dig, search for, obtain and can away the same on making, reasonable compensation to the Lessee on account of any disturbance or damage that may be caused thereby to the surface of the said land or any building standing thereon and that such compensation shall in case of dispute be determined by an officer appointed by the Lessor for this purpose, as nearly as may be, in accordance with the provisions of the Land Act or Regulations for the time being in force, whose decision thereon shall be final.
To hold the said land upto the Lessee for the term of 99 (Ninety-nine) years commencing from yielding and paying therefore the yearly ground rent of ..... at the rate of Rs.1 per annum per hundred square yards or fraction thereof at the Imperial Bank of India New Delhi or at such other place as may be notified by the Lessor for this purpose from time to time.
(a) Rent will not be subject to revision except as provided for in (d) thereof.
(b) The Lessee shall be for any assignment or transfer of said premises hereby demised or any part thereof obtain from the Lessor approval in writing of the said assignment of Transfer and any such assignees and Transferees the heirs of the Lessee shall be bound by all the covenants and conditions here in contained and be answerable in all respects therefor.
(b) The Lessee can transfer the land after obtaining the permission of the Lessor aforesaid and the Lessor will not share any unearned increment on the value of the land (being the difference in the premium paid by him to the Lessor and the market value of the land then prevailing for permitting such transfer. The Lessor will, however, be entitled to claim and recover the unearned increment in the value of the land in the event of any subsequent transfer of the land by a transferee the amount so to be recovered being 50 per cent of the unearned increment in the value of the land.
In the case of any subsequent transfers the Lessor shall have the preemptive right to purchase the premises as hereby demised and all the building and structures standing thereof, after deducting 50% of the unearned increment as aforesaid.
(d) The Lessor shall also have the right to revised the annual ground rent at the time any assignment to transfer of the premises hereby demised subsequent to the first transfer or assignment as aforesaid. The revised ground rent payable in such case shall be @ 2-1/2% of the value of the land at the time of such transfer.
Provided further that in the case of any transfer or assignment subsequent to the first transfer or assignment the Lessor shall also have the right to revise the ground rent hereby reserved on the first day of January of the year following of the year in which thirty years from the date of much subsequent transfer or assignment shall be completed and thereafter at the end of each successive period of not less than thirty years; provided that the increase in the rent fixed at each enhancement shall not at such time exceed one half of the increase in the letting value of the site without buildings at the date on which the enhancement is made and such letting value shall be assessed by the Collector or Deputy Commissioner of Delhi provided, always that any such assessment of letting value for the purposes of this provision shall be subject to the same right on the part of the Lessee of appeal from the orders of the said Collector or Deputy Commissioner and within such time as if the same were assessment by a Revenue Officer within the meaning of Section 50 of the Punjab Land Revenue Act, 1887 (Act XVII of 1887) and the proceedings for or in relation to any such appeal shall be in all respected governed by the provisions of the said Act in the same manner as if the same had been thereunder.
(e) The ground rent will be payable in advance in half-yearly installments on the 15th January and 15th July each year. The ground rent shall be payable for the full half-year for the period from the date of purchase of the grant of a lease of the site on the 15th January or 15th July next following as the case may be, and shall be paid by the purchaser, at once at the time of such purchase;
(1) The lessor doth to the extent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the lessor as follows: -
(i) to pay the rent on the days and in the manner hereinbefore appointed for payment thereof and also to pay all taxes, rates and assessments that now are or may hereafter during the said term be imposed upon the said land or building erected thereon or upon the Lessor or the lessee his permitted sub-lessee or assignee in respect thereof, under any enactment for the time being In force;
(ii) Within the period of 24 calendar months next after the date of these present ... ... ... from the ... ... ... ... ... ... ... day of ... ... .. 19 ... Lessee shall be and will at his own expense erect itid finish fit for habitation on the site hereby dernised one building single storeyed containing one residential flat or double storeyed consisting of one or two residential flats in all with d Barsati on top as may be approved by the Chief Commissioner, Delhi or such officer or body as the Lessor or the Chief Commissioner, Delhi may authorise in this behalf together with all necessary old-houses sewers, drains and other appurtenances in accordance with a plan or plans to be approved of in writing by the Chief Commissioner, Delhi, or such officer or body as the Lessor of the Chief Commissioner, Delhi, may authorise in this behalf. And all the drains and sewers for the said premises shall be constructed, laid and connected to the satisfaction of the Chief Commissioner and the appropriate Municipal authority and in such position as shall be directed by the said Chief Commissioner or as may be required by the said Municipal authority;
(iii). before the buildings on the said site are occupied connect the same with the gravitating sewers to lay on water to the said buildings in the manner directed by an officer appointed, by the lessor in this behalf and to employ a plumber duly approved by the said office to make and do all such connections and works : provided that when the sewage or water systems are not extended to the said house/quarter at the time the said buildings are occupied, the Lessee shall within 30 days from the extension of the sewage and water systems to the said house/quarter, connect gravitating sewers and lay on water in the manner and according to the instructions and through the agency above rnentioned;
(iv) to maintain the premises and all buildings thereon in a sanitary condition according to the directions of the officer appointed by the Lessor;
(v) not erect more than one building single storeyed containing one residential flat or double storeyed consisting of one or two residential flats in all with a Barsati on top, as may be approved by the Chief Commissioner, Delhi or such officer or body as the Lessor or the Chief Commissioner, Delhi may authorise in this behalf except such out-houses and servant quarters as may be approved by the Lessor. Any servant quarters construped by the Lessee shall not Wthout any written permission of the Chief Commissioner, Delhi, be occupied or permitted to be occupied otherwise than by the bonafide servants of the persons occupying the main building;
(vi) Not without the written consent of the Chief Commissioner, Delhi, to carry on or permit to be carried on, the said land and buildings erected thereon during the said lease and trade or business whatsoever or use the same or permit the same to be used for any purpose other than of a single storeyed building consisting of one residential flat or a double storeyed building consisting of one or two residential flats in all, with a Barsati on top, as may be approved for the locality or as provided in the building already erected on the said land.
(vii) not to sub-divide the said land or building erected thereon or any part thereof without the prior permission of the Lessor in writing;
(viii) not to do or permit anything in or upon the demised premises or any part thereof which may be or become a nuisance annoyance or cause damage to occupier or other property in the neighbourhood;
(ix) to register all changes in the possession of the whole of the said land or the building erected thereon, whether by transfer, succession or otherwise in the office of the Land and Development Officer, Ministry of Works, Housing and Urban Development or such Officer as may be appointed by the Lessor in this behalf for this purpose, within one calendar month from the respective dates of such changes (and if the changes are registered in the local sub-registry under the Indian Registration Act, 1908 within one calendar month from the date of registration in such sub-registry) and if the Lesses shall without sufficient cause neglect to register such changes in the manner aforesaid, the Lessor may impose on him for each such case of neglect a penalty not exceeding Rs.100.00 and the Lessor may in addition to the other remedies available to him under these presents enforce the payment of such penalties in the same manner as in the case of arrears of land revenue;
(x) that all persons acting under the orders of Lessor shall be at liberty at all reasonable time in the day time during the said term to enter upon the said land or any building that may be erected thereon for any purpose connected with the lease;
(xi) the lessee and his successors and assignees shall on the determination of the lease on the expiry of the period of 99 years yield up the demised premises with all buildings erected thereon and landlords fixtures thereto provided that the Lessor shall pay to the Lessee the value of the said buildings and fixtures at the date of determination of the tenancy such value to be deter mined in the absence of agreement by a sole Arbitrator agreed upon by both the parties or in the absence of such agreement by two arbitrators one to be appointed by each party. The provisions of the Arbitration Act, 1940 and any statutory notification thereof shall apply to any such arbitration. The Lessor may, however, renew the lease of the land after the expiry of 99 years on such terms and conditions as considered necessary by the Lessor;
(xii) if during the period of the lease the premises are required for a public purpose or for any administrative purpose by the Lessor, the Lessor shall at the expiry of a notice of fifteen days to the effect that the said premises are required for such purpose to be served upon the Lessee by an officer appointed by the Lessor in this behalf be at liberty to take possession of the land together with all buildings, structures and appurtenance. The Lessee shall be entitled to compensation in respect of the land, buildings and structures. The compensation payable under this clause shall in case of dispute, be determined by the Lessor or such officer as he may appoint for the putose, as nearly as may be in amordance with the provisions of Land Acquisition Act or regulations for the time being in force relating to the same and the decision of the lessor or such officer shall be final and conclusive;
(xiii) any sum of money due to or claimable by the lessor in respect of the land hereby denised shall be recoverable by the lessor as an arrears of land revenue under the provisions of the Punjab land Revenue Act, 1887 (XVII of 1887), and any amending Act for the time being in force.
10. If the yearly rent hereby reserved for any part thereof shall at any time be in artears and unpaid for one calendar month, next after any of the said days whereon the same shall have become, due whether the same shall have been demanded or not or if there shall have been in the opinion of the Lessor or the Chief Commissioner of Delhi vmose decision shall be final, any breach by the Lessee or by any person claiming through or under him of any of the covenants or conditions hereinbefore contained on this part to be observed.or performed then in any such case it shall be lawful for the lessor or any person or persons duly authorised by him notwithstanding the waiver of any previous cause or right of re-entry upon any part of the premises hereby dismissed or of the building thereon in the name of the whole to re- enter and thereupon this demise and evemhing herein contained shall cease and determine and the Lessee shall not be entitled to any compensation whatsoever, nor to the return of any premium paid by hirn.
11. No forfeiture or re-entry shall be effected except as herein provided without the permission of the Chief Commissioner of Delhi, bend the Chief Commissioner shall not permit such forfeiture or re-entry until the lesser has served on the Lessee a notice in writing :-
(a) specifying the particular breach complained of,
(b) if the breach is capable of remedy, requiring the Lessee to remedy the breach, and if the Lessee fails within a reasonable time from the date of service of the notice to remedy the breach; if it is capable of remedy; and in the event of forfeiture on such terms and conditions as he thinks proper. Nothing in this clause shall apply to entry for breach of covenants against unauthorised sub-division. In vastness whereof the President of India has caused............. on his behalf to set his hand hereunto and the lessee has hereunto set his hand the day and the year first above written.
The schedule above Referred to
Signed________________
for and on behalf of President of India in the presence of 1. 2.
Signed_________________
the Lessee in the presence of 1. 2.
(For small Plots given for rehabilitation purpose)
Ninety-nine Years Lease Subject to Revision of Rent
after a Period of Twenty Years
This lease made this. ... day of ... ...... of the year One thousand nine hundred and fifty................ between the President of India(hereinafter called the Lessor which expression shall, unless the context requiring another and different meaning include his successors and assigns) of the one part and ..................................................S/o ........................(hereinafter called “the Lessee” which expression shall be taken to mean and include the said .......his heirs, administrator, representatives and permitted assigns whcn the context requires another and different meaning) of the other part.
Whereas the Lessor has agreed to demise to the Lessee the land described in the Schedule hereunder written upon the terms and conditions hereinafter appearing and contained.
Now this indenture witnessed that in consideration of the payments hereinafter referred to and of the covenant by Lessee hereinafter contained the Lessor doth demise unto the Lessee all that piece of land described in the Schedule hereunder together with all rights, easements and appurtenances to the same belonging save and except all mines, mineral products, buried treasure, coal. Petroleum, oil and quarries whatsoever in/under are within the sand land with liberty for the Lessor and his Lessee, licensees, agents and workmen and all other persons acting on his behalf to dig, search for obtain, and carry away the same on making reasonable compensation to the lessee on account of any disturbance or damage that may be caused thereby to the surface of the said land and that such compensation shall, in case, of dispute, be determined by an officer appointed by the Lessor for this purpose, as nearly as may be in accordance with the provisions of the Land Acquisition Act or regulations for the time being in force, whose decision thereon shall be final.
To hold the said land unto Lessee for the term of 99 years compensation from ............yielding and paying thereof the rent as follows :-
(a) For the first five years of the lease compensation from...........an annual ground rent payable in advance a (proportionate part of the said ground rent will be payable for the fraction of a year) determined in the manner following by an officer appointed in this behalf by the Lessor. The said officer shall assess the cost of the land to Government. Such cost shall consist of the amounts spent on the acquisition and development of the land and other incidental expenses. The ground rent shall be a sum equivalent to the said cost calculatd at the Government borrowing rate of interest prevailing at the date of this lease. In such calculation fraction of a pie shall be omitted.
Until the ground rent is so determined the Lessee shall pay a fixed ground rent of Rs........per year and on the determination of the ground rent as aforesaid the amount paid by the Lessee shall be adjusted by the payment by him of any additional ground rent or as the case may be, by the refund to him of any additional ground rent or as the case may be, by the refund to him of any excess ground rent paid by him.
(b) For the next 15 years in addition to the ground rent referred to in (a) above, half of cost of the said land to Government as determined under (a) above. The said cost shall be payable in 15 annual equal installments . The first of such payment to be made on the day of..........and every subsequent payment to be made on the ..........day of..............of each subsequent year with interest on the cost of the land determined or the balance there of remaining unpaid for the time being remain unpaid at the same rate aforesaid by equal annual payments as afore said : Provided always that in the event of default being committed by the lessee for a period exceeding fourteen days in the payment of any installment or interest as aforesaid the whole of the said cost of such portion thereof as may then remain due and payable together with their interest thereon as aforesaid shall forthwith become due and payable by the lessee to their lessor.
(c) In the 21st of the lease the ground rent shall be revised by an officer appointed in this behalf by the Lessor. The revised ground rent shall be asum equivalent to the interest calculated at the Government borrowing rate of interest prevailing on the first of April of the year, on the market value to be determined by said Officer on the said date (in such calculation fraction of pie shall be omitted). The ground rent so revised shall hold good for remaining period of the lease. The ground rent shall be payable annually in advance on the 1st April each year. (A proportionate part of the said ground rent shall be payable for the fraction of a year).
The determination or decision of an officer appointed by the Lessor in each of the above cases shall be final and binding upon the parties.
I. The Lessee doth to the intent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the Lessor as follows: -
(h) to pay the amounts on the days and in the manner hereinbefore appointed for payment thereof and also to pay all taxes, rates and assessments that now are or may hereafter during said terms be imposed upon the said land or any building or upon the Lessor or the Lessee, has permitted sub-lessee or assignee in respect thereof, under any enactment for the time being in force;
(ii) to erect upon the said land and at all times during the said term to maintaining thereon a good and substantial building according to bye-laws, rules and regulations framed by the local authority having jurisdiction in the area in which the said land is situated (the expression local authority shall include the Delhi Improvement Trust) and in accordance with a ny directions of an officer appointed by the lessor in this behalf or in accordance with any other law, rule or regulation for the time being applicable thereto in respect of materials to be used in and the method of construction of buildings in the quarter in which the said land is situated. That the Lessee shall submit plans, Sections, elevations and specifications for the construction of the, building to be erected upon the said land for the appointing of ah officer appointed by the Lessor in this behalf, in duplicate and shall not start the work of construction unless and until the approval of the said officer, has been obtained in writing. The Lessee shall not make any alteration and/or addition to the building so approved by the said officer either externally or internally without first obtaining the permission of the, said officer in writing :
(iii) to intimate to the lessor within one year of the completion of building the total cost incurred by him in the construction of the building. The Lessor, after receipt of this information, may cause the correctness of the information supplied to be verified and reassessed. The cost of construction so verified and reassessed shall be deemed to be the true cost of the construction of the building for the purposes of this lease and the Lessee shall be bound by such verification and re- assessment;
(iv) before the buildings on the said land are occupied or ready for occupation to connect the same with the gravitating sewers and to l ay on water to the said buildings, in the manner directed by and officer appointed by the Lessor in this behalf and to employ a plumber duly approved by the said officer to make and do all such connections and works, provided that when the sewage or water systems are not extended to the said quarter at the time the said buildings are occupied or ready for occupation, the Lessee shall within 30 days, from the extension of the sewage and water systems to the said quarter, connect gravitating sewers and lay on water in the manner and according to the instructions and the Urgency above mentioned;
(v) to complete the said building within one year from the date of this (which period of one year may from tme to time be extended by an officer appointed by the Lessor in this behalf at his discretion) to the satisfaction of an officer appointed by the Lessor in this behalf and maintain the premises and all buildings thereon in a sanitary condition according to the directions of the said officer;
(vi) not to more than one building upon the said land and except such out houses and servant's quarters as may be approved by an officer appointed by the Lessor in this behalf;
(vii) not to use the said land and building that may be erected dur- ing the said terms for any purpose other than the purpose of constructing a house without the previous consent in writing of an officer appointed by the Lessor in his behalf; provided that lease shall become invalid if the land is used foi any purpose other than that for which the lease is granted not being a purpose subsequently approved by the said officer;
(viii) during the first five years of the lease, not to subject or to sub- divide the said land or to part with the possession thereof or transfer by sale mortgage gift or otherwise the said land or building erected thereon, without the prior permission of the Lessor in writing :
Provided, however, that it shall be lawful for the lessee with the pre vious approval of the Lessor in writing to mortgage his interest in the said land as well as his interest in any building constructed by him or to be constructed by him on the said land as security in respect of any monies advanced by a Schedule Bank or an Insurance Company for the purpose of constructing a building on the said land, but in every such case the lessee be bound by the.following conditions :-
(1) the amount, to be borrowed by the Lessor or the security of the demised land or the building standing thereon shall not exceed 150 per cent of the premium paid by the Lessor in respect of the said, land and 50 per cent on the true cost of the building;
(2) if for any reason the security given by the Lessor to his mortgagee becomes enforceable within a period of five years from the date of the commencement of the lease, the lease granted to the Lessee under these presents shall at the option of the Lessor forthwith stand determined and the Lessor shall be entitled to there-enter on the dernised land and resume possession of the said land together with any building standing thereon; and in the event of the Lessor exercising the aforesaid option of resumption of the land and the building thereon, the Lessons liability for payment of compensation shall be limited : (a) true cost of construction of the building less depreciation calculated according to the income tax law for the time being in force; and (b) refund of ninety-five per cent of the premium, if any, paid by the Lessee to the Lessor :
(3) the compensation payable as aforesaid shall be apportioned between the Lessee and his mortgagee in manner following, that is to say:
(a) Payment of monies due to the mortgage in discharge of the mortgage cost and other monies if any due under the mortgage to the mortgagee and
(b) the resudue, if any, to the Lessor;
(i) not to do or permit anything in or upon the demised premises or any part thereof which may be or become a nuisance, annoyance or cause damage to occupiers of other property in the neighborhood:
(ii) subject to the provisions of sub-clause (vii) to register all changes in the possession of the whole of the said land or the building thereon whether by transfer, succession or otherwise in the register kept in the said office of the local authority having jurisdiction in the area in which the said land is situated the expression local authority shall include the Delhi Improvement Trust for this purpose within one calendar month from the respective dates of such changes, and if such changes are registered in the local sub-registry under the Indian Registration Act, 1908, within one calendar month from the date of registration in such sub-registry and if the Lessee shall without sufficient cause neglect to register such changes in the manner aforesaid with the Land Officer appointed by the local authority for this purpose, the Government may impose on him for each such case of neglect a penalty not exceeding Rs.100 and the Government may in addition to the other remedies available to it under these presents enforce the payment of such penalties in the same manner as in the case of arrears of land revenue;
(iii) that all persons acting under the orders of Government shall be at liberty at all reasonable time in the day time during the said term to enter upon the said land or any buildings that may be erected thereon for any purpose connected with the lease :
(iv) at the determination of the tenancy to yield the demised premises with all buildings erected thereon and landlords fixture thereto, provided that the Lessor shall pay to the Lessee the value of the said buildings and fixtures at the date of determination of the tenancy, such value to be determined in the absence of agreement, by a sole Arbitrator, agreed upon by both the parties or in the absence of agreement by two arbitrators, one to be appointed by each party. The provisions of the Arbitration Act, 1940 and any statutory modification therefore shall apply to any arbitration;
(v) if during the period of the lease the premises are required for a public purpose or for any administrative purpose by the Government the Lessor shall at the expiry of a notice of fifteen days to the effect that the said premises are required by the Lessor in this behalf be at liberty to take possession of the land together with all buildings, structures and appurtenances. The Lessees shall be entitled to compensation in respect to the buildings and structures on the demised land but he shall not be entitled to any compensation for his interest in the said land except refund of a proportion of the premium. The compensation payable under this clause shall, in case of dispute, be determined by the Lessor or by such officer as he may appoint for the purpose, as nearly as may be, in accordance with the provisions of Land Acquisition Act or regulation for the time being in force relating to the same and the decision of the Lessor or such officer shall be final and;
(vi) any sum of money due to or claimable by the Lessor in respect of the land hereby demised shall be recoverable by the Lessor as an arrears of land revenue
II. Provided always that if the payment hereinbefore specified or any part thereof shall be in arrears and unpaid for one calendar month after the same shall have become due whether the same due shall have been demanded or not or if the Lessees makes default in Payment of any penalty imposed under these presents or becomes insolvent of if the Lessees shall not observe and perform any of the covenants hereinbefore contained or if this lease shall become void under the provisions hereof the Lessor may notwithstanding waiver of any previous breach or right of re-entry cancel this lease and take possession of this land and the building and the fixture that may then be there and also initiate appropriate proceeding for recovery of rent, penalty or other sums payable by the lessee to the Lessor under presents.
III. And the Lessor doth hereby covenant with the Lessee :
(i) that notice of the cancellation of the lease under clause 1(xiii) AND II thereof shall as the Lessor may deem fit either be sent by registered post to the last known address of the Lessor or his permitted assignee and the last known address of any mortgage whose mortgagee has been registered under covenant I(x) hereby or be addressed to the Lessee of his permitted assignee or mortgagee as such and affixed to conspicuous part of the property and that in case of cancellation of the lease under clause II if before any third party has acquired any rights in the said lease, the Lessee or his permitted assignee shall pay to the Lessor all rents then in arrear together with interest thereon at 1 percent per mensum and other sums due together with all costs incurred by the Lessor in connection with the cancellation or re-entry or subsequent disposal of the land leased and shall remedy to the satisfaction of any officer authorised by the Lessor in this behalf any breach of any other covenant which may have occurred, the Lessor may waive of forfeiture and if actual possession has been taken by the Lessor to restore to the Lessees to hold for the reminder of the term of the lease upon the covenants herein contained the land together with the building and fixture thereon on the date of such re-entry save if any as may have been destroyed by fire or otherwise the Lessor not being liable for any depreciation for want of repair or deterioration that may have taken place in the premises of the building or other things thereon or therein save and except loss and damage if any maliciously done or caused by his servants or agents on such property;
(ii) that the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised premises during the said lease without any interruption of the Lessor or any person rightfully claiming under him.
IN WITNESS WHEREOF the President of India has caused on his behalf to set his hand and the Lessee has hereunder set his hand the day and year first above written.
THE SCHEDULE ABOVE REFERRED TO
Signed by—on behalf of the President of India in the presence of—
Signed by—in the presence of—
For plots which are sold
Ninety-nine years
lease subject to
revision of rent
after a period
of twenty years
from the 1st of April, 1955.
THE LEASE made this.........................day of................. in the year One thousand nine hundred and fifty.................between the President of India (hereinafter called the Lessor which expression shall unless the context requires another and different meaning include his successors and assigns) of the one part and.........................................S/o............................(hereinafter called the Lessee which expression shall be taken to mean and include his heirs, executors, administrators, representatives and permitted assigns except when the context requires another and different meaning) of the other part :
WHEREAS the Lessor has agreed to demise on payment of an initial premium of Rs...........the land fully described in the Schedule hereunder written upon the terms and conditions hereinafter appearing and contained;
NOW this deed witnesseth that in consideration of the said premium and the rent hereinafter reserved and of the covenants by the Lessee hereinafter contained the Lessor doth lease upto the Lessee all pieces of land described in the Schedule hereunder together with all rights easements and appurtenances to the same belonging save and except all mines and mineral product, buried treasure, coal, petroleum, oil and his behalf to dig, search for, obtain and carry away the same on making reasonable compensation to the Lessee on account of any disturbance or damage that may be caused thereby to the surface of the said land and that such compensation shall in case of dispute be determined by an Officer appointed by the Lessor for this purpose, as nearly as may be in accordance with provisions of the Land Acquisition Act, or Regulations for the time being in force, whose decision shall be final.
To hold the said land unto Lessee for the term of 99 years from the date of this lease yielding and paying therefor the rent as follows :-
(a) For the first twenty years of the lease commencing from an annual ground rent of Rs........payable in advance (a proportionate part of the said ground rent will be payable for the fraction of a year).
(b) in the twenty-first years of the lease the ground rent shall be revised by an officer appointed in this behalf by the Lessor provided that such advised ground rent shall not be in excess of the ground rent payable for the first years under clause (a) by more than 50 per cent. The ground rent so revised shall hold good for the remaining period of the lease. The ground rent shall be payable annually in advance on the 1st April each year, (a proportionate part of the said ground rent shall be payable for the fraction of a year).
1. The Lessee doth to the intent that the burden of the covenants may run with that said land and may bind any permitted assignee thereof hereby covenant with the Lessor as follows :-
(i) to pay the said rent on the days and in the manner hereinbefore appointed for the payment thereof and also to pay all taxes, rates and assessment that now or may hereafter during the said term be imposed upon the said land or any building or upon the Lessor or the Lessee, his sub-lessee or assignee in respect thereof under any enactment for the time being in force;
(ii) to erect upon the said land at all times during the said term to maintain thereon a good and substantial building according to the Bye-laws, Rules and Regulations framed by the local authority having jurisdiction in the area in which the said land is situated, (the expression local authority shall include the Delhi Improvement Trust) or in accordance with any directions of an officer appointed by Lessor in this behalf or in accordance with any other lavv, rule or regulation for the time being applicable thereto in respect of ma- tedals to be used in and the method of construcfion of buildings in the quar- ter in which the said land is situated. That the Lessee shall submit plans, sections elevations and specifications for the construction of the building to be erected upon the said land for the approval of an officer appointed by the Lessor in this behalf, in duplicate, bind shall not start the mrk of construction unless and until the approval of th (, said officer has been obtained in writing. The Lessee shall not make any altorauon andlor additions to the building so approved by the said officer either Pxtremely or internally without first obtain- ing the permission of the said officer in writing;
(iii) to intimate to the Lessor within one year of the completion of the building the, total cost incurred by him in the construction of the building. The Lessor after receipt of the information may cause the correctness of the in- formation supplied to be verified and reassessed. The cost of construction so vedfied and re-assessed shall be deemed to be the true cost of construction of the building for the purpose of the lease and the Lessee shall be bound by such verification and reassessment.
(iv) Before the buildings on the said land are occupied or ready for occupation to connect the same with the gravitating sewers and to lay on water to the said buildings, in the manner directed by an officer appointed by the said officer to make and do all such connections and works provided that when the sewage or water systems are not extended to the said quarter at the time the said buildings are occupied or ready for occupation, the Lessee shall, within 30 days from the extension of the sewage and water systems to., the said quarter, connect gravitating sewers and lay on water in the manner and according to the instruction and through the agency above menfloned.
(v) To complete the said buildings within one year from the date of this lease (which period of one year may from time to be extended by an Officer appointed by the Lessor in this behalf at his discretion) to the satisfaction of an officer appointed by the Lessor in this behalf and maintain the premises and all buildings thereon in the sanitary condition according to the directions of the said officer,
(vi) not to erect more that ore building upon the said land and except such out-houses and servants' quarters as may be approved by an officer appointed by the lessor in this behalf;
(vii) not to use the said land and buildings that may be erected thereon during the said term for any purpose other than the purpose of constructing a house without the previous consent in writing of an officer appointed by the Lessor in this behalf; provided that the lease shall become void if the land is used for any purpose other than that for which the lease is granted not being a purpose subsequently approved by the said officer;
(viii) during the first five years of the lease not to sub-let of to sub-divide the said or to part with the possession thereof, or transfer by sale, mortgage, gift or otherwise the said land or building erected thereon or on any part thereof, without the prior permission of the Lessor in writing;
(1) Provided, however, that it shall be lawful for the Lessees with the previous approval of the Lessor in writing to mortgage his interest in the said land as well as interest in any building constructed by him or to be constructed by him on the said land as security in respect of any monies advanced by a Scheduled Bank or an Insurance Company for the purpose of constructing a building on the said land, but in every such case the Lessee shall be bound by the following conditions :
(2) the amount to be borrowed by the Lessee on the security of the demised land or the building standing thereon shall not exceed 50 per cent, of the premium paid by the Lessor in respect of the said lands and 50 per cent, of the true cost of construction of the building;
(3) If for any reason the security given by the Lessor to his mortgage becomes enforceable within a period of five years from the date of the commencement of the lease granted to the Lessee under the Lessor shall, at the opinion of the Lessor, forthwith stand determined and the Lessor shall be entitled to re-enter on the demised land and resume possession of the said land together with any building standing and in the event of the Lessor exercising the aforesaid option of resumption of the land and the building thereon the Lessor’s liability for payment of compensation shall be limited to: (a) true cost of construction of the building less depreciation of the building less depreciation calculated according to the Income-tax for the time being in force, and (b) refund of ninety-five per cent, of the premium, if any, paid by the Lessee to the Lessor.
(4) the compensation payable as aforesaid shall be apportioned between the Lessee and his mortgage in the manner following, that is to say :
(a) payment of monies due to the mortgagee in discharge of the mortgagee, costs and other monies, if any, due under the mortgage to the mortgagee and -
(b) the residue, if any, to the Lessor,
(i) not to do or permit anything in or upon the demised premises or any part thereof which may be or become a nuisance, annoyance or cause damage to occupiers of other property in neighborhood;
(ii) subject to the provisions of clause (viii) to register all changes in the possession of the whole of the said land or of the building thereon whether by transfer, succession or otherwise in the register kept in the office of the local authority, the expression local authority shall include the Delhi Improvement Trust for this purpose, within one calendar month from the respective dates of such changes and if such changes are registered in the local sub-registry under the Indian Registration Act, 1908 within one calendar month from the date of registration in such sub-registry and if the lessee shall without sufficient cause neglect to register such changes in the manner aforesaid with the Lands Officer or other officer appointed by the local authority for this purpose the Lessor may impose on him for each such case of neglect a penalty not exceeding Rs.100 and the said lessor may in addition to the other remedies available to him under these presents enforce the payment of such penalties in the same manner as in the case of arrears of land revenue.
(iii) that the Lessor and all persons acting under his orders shall be at liberty at all reasonable times in the day time during the said term to enter upon the said land or any buildings that may be erected thereon for any purpose connected with the lease :
(iv) at the determination of the tenancy, to yield up the demised premises with all buildings erected thereon and the landlord’s fixtures affixed thereto the Lessor shall pay to the Lessee the value of the said buildings and fixtures at the date of determination of the tenancy, such value to be determined in the case of agreement by a sole arbitrator agreed upon by two arbitrators, one to be appointed by each party. The provisions of the Arbitration Act 1940 and any statutory modifications thereof shall apply to any such arbitration.
(v) if during the period of the lease the premises are required for a public purpose or any administrative purpose by the Government the Lessor, shall at the expiry of a notice of fifteen days to the effect that the said premises are required for such purpose to be served upon the Lessee by an officer appointed by the Lessor in this behalf, be at liberty to take possession of the land together with all buildings, structures and appurtenances. The Lessee shall be entitled to any compensation in respect of the buildings structures on the demand land but he shall not be entitled to any compensation for his interest in the said land except refund of a proportion of the premium. The commendation payable under this clause shall in case of dispute, determined by the Lessor or by such officer s he may appoint for the purpose as nearly as may be in accordance with the provisions of the Land Acquisition Act or regulations for the time being in force relating to the same and the decision of the Lessor or such officer shall be final and conclusive.
(vi) any sum of money due to or claimable by the Lessor in respect of the land hereby demised shall be recoverable by the Lessor as an arrear of land revenue.
II. Provided always that if the said rent or any part thereof shall be in arrears and unpaid for one calendar month after the same shall have become due whether the same shall have been demanded or not or if the Lessee makes default in payment of any penalty imposed under these presents or becomes insolvent or, if the Lessees does not observe and perform any of the covenants hereinbefore the Lessor may notwithstanding the waiver of any previous breach of right of re-entry cancel this lease and take possession of this land and the building and the fixtures that may then be thereon and also initiate appropriate proceedings for recovery of rent penalty or other sum payable by the Lessee to the lessor under these presents.
III. And the Lessor doth hereby covenant with the Lessee :-
9. That notice of the cancellation of the lease under clauses I (xii) and II hereof shall as the Lessor may deem fit either be sent by registered post to the fast knovm address of the Lessee or his permitted assignee and the last know address. Of any rnortgagee, whose mortgage has been registered under Covenant 1 (x) hereof be addressed to the lessee or his permit- assignee or mortgagee as such and affixed to a conspicuous part of the property and that in case of cancellation of the lease under clause 11 if before any third party has acquired any right in the said lease the Lessee or his permitted assignee shall pay to the Lessor all rents then in arrear together with interest at 1 per cent per mensum and other sums due together with all costs incurred by the Lessor in connection with the cancellation or re-entry or subsequent to the satisfaction of any officer authorised by the Lessor, in this behalf any breach disposal of the land leased and shall rernedy of any othier covenant which may have occurred the Lessor may waive the forfeiture and if the actual possession has been taken by the Lessor to restore to thf., Les see to hold for the remainder of the term of the lease upon the covenants herein contained the Land together with the building and fixtures thereon on the date of such re-entry save such, if any, as may have been destroyed by fire or otherwise the Lessor not being liable for any depreciation for want of repair or deterioration that may have taken place in the premises or the buildings or other things thereon or therein save and except loss and damage if any, maliciously done or caused by his servants or agents on such re-entry.
(a) That the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised premises during the said lease without any interruption of the Lessor or any person rightfully claiming under him.
IN-WITNESS WHEREOF the President of India has caused on his behalf to set his hand and the Lessee has hereunder set his hand the day and year first above written.
Signed by--on behalf of the President of India in the presence of Signed by - in the presence of—