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Under
the terms and conditions of the leases / tenancies granted by the
Board of Trustees of the Port of Mumbai, it is obligatory on the
part of lessees / tenants to obtain prior consent in writing of
the Board of Trustees of the Port of Mumbai for any change in the
lease terms such as additions / alterations, change of user,
assignment / transfer, subletting, under letting in any manner or
parting with possession of the premises or any part thereof
whether on leave or licence basis or otherwise.
The lessees / tenants are therefore required to note that
the Board of Trustees of the Port of Mumbai is not bound to accord
its sanction to a proposal for above breaches which take place
without its prior consent and if they proceed any further with
such breaches, they shall be doing so at their own risk, cost and
consequences.
Without prejudice to the rights and contentions of the
Board of Trustees of the Port of Mumbai (Board), it has been
decided by the Board that 10.03.2004 be treated as the cut-off
date for the purpose of regularising past breaches, subletting,
etc. in view of the provision in the Hon’ble Supreme Court
Judgement that lease deeds consistent with compromise proposals be
executed within a period of 8 weeks from the date of judgement
viz. 13.01.2004. The
breaches committed after 10.03.2004 would attract application of
revised rent / compensation prospectively i.e. from 01.09.2006
calculated based on 6% per annum return on the rates prescribed in
the Ready Reckoner for the year 2006 with 4% per annum increase
every October pro-rata to the area of breach.
It was also decided by the Board that in future, changes in
lease terms like additional construction, change of user, etc.
should be with prior approval.
In case of regularisation of such breaches or for having
committed the breach, in addition to the revised rent/
compensation penalty of 6 months rent / compensation at the
revised rates for every year or part thereof of the delay will be
levied, in case of non-acceptance, the lease / tenancy shall be
liable for termination. In
case of subletting / assignment without prior approval, Board
reserves the right to resume possession and failure to obtain
prior approval will attract, in addition to revised
rent/compensation, a penalty of 12 months rent / compensation at
the revised rates for every year of delay without prejudice to
Board’s rights and remedies including eviction and recovery of
arrears etc.
BY ORDER OF THE BOARD
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