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"BSNL Occupying Land Unlawfully"- Cannot Expect Such A Conduct On Part Of Government Company: Allahabad High Court

Sparsh Upadhyay

2 Feb 2021 2:48 PM GMT

    • BSNL Occupying Land Unlawfully- Cannot Expect Such A Conduct On Part Of Government Company: Allahabad High Court

    "Clearly from 1st of August, 2019, till date B.S.N.L. is in illegal occupation and use of the land of the petitioner for which the petitioner would not only be entitled to the rent but compensatory damages as well".

    Noting that the instrumentality of the State i.e. Bharat Sanchar Nagam Limited which is a Government Company, is occupying the land of the petitioner unlawfully, the Allahabad High Court on Monday (01st February) expressed its displeasure with BSNL authorities. The Bench of Justice Devendra Kumar Upadhyaya and Justice Manish Kumar was hearing the plea of one Tasirul Nisha who...

    Noting that the instrumentality of the State i.e. Bharat Sanchar Nagam Limited which is a Government Company, is occupying the land of the petitioner unlawfully, the Allahabad High Court on Monday (01st February) expressed its displeasure with BSNL authorities.

    The Bench of Justice Devendra Kumar Upadhyaya and Justice Manish Kumar was hearing the plea of one Tasirul Nisha who stated before the Court that B.S.N.L is still utilizing her land without even paying rent.

    The matter before the Court

    Significantly, the Petitioner, under a lease agreement let out certain portion of land to B.S.N.L for the purpose of erection of mobile tower.

    However, as submitted by the Petitioner, the terms of the lease agreement, though came to an end on 31st July 2019, yet till date B.S.N.L. has not vacated the land belonging to the petitioner.

    On the other hand, the counsel representing the B.S.N.L stated that the rent to the petitioner was paid till 31st July 2019 and thereafter though the term of the lease agreement was not renewed for any further period, the petitioner has been paid the amount of rent till 31st January 2021.

    To this, the Court noted that the payment from 01st August 2019 till 31st January 2021 was made only on 30th January 2021 i.e. after the notice of the instant writ petition was served upon B.S.N.L.

    In this backdrop, the Court remarked,

    "Clearly from 1st of August, 2019, till date B.S.N.L. is in illegal occupation and use of the land of the petitioner for which the petitioner would not only be entitled to the rent but compensatory damages as well."

    The Court also called it "strange" that the rent by B.S.N.L. to the petitioner for the period from 01st August 2019 till 31st January 2021 was paid as per the old rates.

    Also, the Court remarked,

    "We cannot expect such a conduct on the part of B.S.N.L."

    Lastly, the matter was listed for further hearing on 03rd February 2021 to enable counsel representing the B.S.N.L. to seek instructions from the General Manager concerned as also from the Chief General Manager of B.S.N.L. U.P.(East).

    Case title - Smt. Tasirul Nisha v. Bharat Sanchar Nigam Ltd. Thru. Its J.T.O.,New Delhi & Anr [Misc. Bench No. - 1042 of 2021]

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    Tags
    BSNLBSNL Occupying Land UnlawfullyAllahabad High CourtBharat Sanchar Nagam LimitedB.S.N.L. in illegal occupation and use of the landJustice Devendra Kumar UpadhyayaJustice Manish KumarLucknow Bench of the Allahabad High CourtLucknow Bench
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