Whether acceptance of use and occupation charges by municipal corporation would amount to renewal of original lease?

Hon'ble Supreme Court in the case of Delhi Development Authority
(supra), wherein it has been held by the Hon'ble Supreme Court that mere
acceptance of amounts by the authority therein would not amount to
renewal of the original lease. It was found in the said case that there could

not be any automatic renewal and that in such a situation the occupation
of the premises in question was rendered unauthorized. In the present
case also, the act of the respondentCorporation
in accepting charges from
the petitioner would not result in automatic renewal of licence in favour of
the petitioner. The charges were accepted by the respondentCorporation
towards unauthorized occupation of the premises in question by the
petitioner. The licence could be said to have been renewed only, if an
agreement had been executed in favour of the petitioner by the
respondentCorporation
on terms that were agreeable to both the parties.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.5863 of 2017

Shyam Ramapati Pandey Vs Maharashtra State Road Transport Corporation,

Coram : Manish Pitale, J.

Dated : 11th January, 2019.

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