CMPMO No. 203 of 2007. 04.01.2008 Present: Mr. Shrawan Dogra, Advocate, for the petitioner. Mr. Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate, for respondent No.1. Mr. Sanjay Kumar, Executive Officer, Municipal Council, Bilaspur and Mr. Subhash Chand, respondent No.1 are present in person. As the arguments were in progress, Mr. Dogra, learned Counsel appearing for the petitioner and Mr. Bhupender Gupta, learned Senior Counsel appearing for respondent No.1, both under instructions from their respective clients who are present in person in the Court submit that the parties have come to terms and notwithstanding the fact that the petitioner has filed only one petition under Article 227 of the Constitution of India against the order dated 8th June, 2007 passed by the Divisional Commissioner, Mandi Division arising out of the order dated 11th April, 2002 passed by the Collector Sadar Bilaspur, the parties have now agreed that the present petition may be disposed of as settled and with respect to the shops hereinbelow mentioned the arrangement as per below mentioned agreed order, based upon the consent of the parties, be evolved. The following are the shops forming the subject matter of this petition:- 1. Shop No.1, Main Market, Bilaspur, 2. Shop No.2, Dholra road, Bilaspur, 3. Two shops in the Meat Market, Bilapsur. The learned Collector, Sadar Sub Division, Bilaspur vide his order dated 11th April, 2002 fixed the rent for the aforesaid shops as under:- -2- 1. Shop No.1, Main Market, Bilaspur Rs.400/- per month. 2. Shop No.6, Dholra Road, Bilaspur Rs.375/- per month. 3. Two shops, Meat Market, Bilaspur at the rate of Rs.80/- per month per shop. The fixation of the aforesaid rent with respect to the aforesaid shops was affirmed by the learned Divisional Commissioner, Mandi vide his aforesaid order dated 8th June, 2007. The parties agreed that the respondent Subhash Chand shall be allowed to occupy all the aforesaid shops at the aforesaid rates of rent uptil 31st March, 2008. It is subject to his clearing arrears of rent of all the aforesaid shops at the aforesaid rates of rent till 31st March, 2008. The arrears be cleared and paid to the petitioner latest by 31st January, 2008. The occupation of the shops on and from 1st April, 2008 shall be subject to the following conditions:- a) A two Member Committee is hereby constituted by this Court. The Committee shall be headed by the Deputy Commissioner, Bilaspur and shall have Executive Engineer, HP PWD, Bilaspur as its Member. This Committee before 31st January, 2008 shall determine the rent with respect to all the aforesaid shops which in its opinion respondent No.1 shall be liable to pay on and from 1st April, 2008. The determination and fixation of rent by this Committee shall be based upon the prevalent market rates of rent for the shops in question, keeping in view the prevalent market trends in the area in question and the prevalent market rent (as at present) which similar/identical shops in the area in -3- question will be fetching. The two Member Committee in determining, arriving at and fixing the prevalent market rent may be guided by the opinion of its field and supporting staff and other factors which are germane and wholly relevant to the issue to be decided. It, however, need not hear either the petitioner or respondent No.1 in conducting and completing the said exercise. b) The Deputy Commissioner, Bilaspur shall send to Executive Officer, Municipal Council, Bilaspur report to the aforesaid effect by 4th February, 2008. c) Based upon the report thus received, the Executive Officer shall communicate to respondent No.1 before 12th February, 2008 the rent fixed by the said Committee and ask respondent No.1 to convey its acceptance thereof as also his willingness to execute fresh lease deeds based upon the rent so determined, arrived at and fixed. If respondent No.1 sends such communication to the petitioner by 29th February, 2008, the fresh lease deeds shall be executed by 15th March, 2008. The lease deeds so executed shall be valid for a period of five years. (I may add here that while conducting the exercise for determination and fixation of rent the aforesaid Committee shall also keep in view the fact that the lease deed would be executed for a period of five years and therefore shall take into account the expected and anticipated periodical rises in the rent during the said five years period). -4- d) It shall be at the discretion of respondent No.1 to convey his acceptance either with respect to all the shops or only one or more of them. e) If despite receiving the communication from the petitioner, respondent No.1 does not send his acceptance within or before the date aforementioned or if the rent determined by the Committee is not acceptable to respondent No.1, and if based there-upon the fresh lease deeds are not executed within the aforementioned period, respondent No.1 shall vacate and hand over the vacant possession of all the shops to the petitioner before 31st March, 2008. If respondent No.1 does not do so, the petitioner shall be at liberty to take steps for getting the shops vacated by enforcing this order of this Court in all manner and in that event the Deputy Commissioner, Bilaspur as well as the Superintendent of Police, Bilaspur are directed to render assistance to the petitioner for such execution. In that event also, till such time that the shops are got vacated after 1st April, 2008, respondent No.1 shall be liable to pay to the petitioner four times rent as would be determined by the aforesaid Committee. The petition is disposed of. No order as to costs. January 04, 2008. (V.K. Gupta), C.J. (rc)