[Refer rule 23]
DELHI ADMINISTRATION
(LAND AND BUILDING DEPARTMENT)
PERPETUAL SUB-LEASE
THIS INDENTURE made this ……………… day of…………….two thousand …………………… between the President of India (hereinafter called “the Lessor” through the Delhi Development Authority, a body constituted under section 3 of the Delhi Development Act, 1957 (hereinafter called the Authority) of the one part and …………… a society, registered under the Delhi Co-operative Societies Act, 1972 and having its registered office …………… (hereinafter called “the lessee”) of the second part and Shri/Smt………………………… (hereinafter called “the sub-lessee”) of the third part.
WHEREAS by a lease executed on the………..day of …….. two thousand …………………….. and registered in the office of the Registrar/ Sub-Registrar, Delhi/New Delhi (hereinafter called “the lease”) the Lessor demised unto the lessee in perpetuity the residential plots as mentioned therein.
AND WHEREAS under the lease the lessee has to sub-lease on such premium and yearly rent as may be fixed by the Lessor, one residential plot to each of the members of the lessee who may be approved by the Lieutenant Governor of Delhi (hereinafter called “the Lieutenant Governor”).
AND WHEREAS the sub-lessee has applied to the lessee for the grant of a perpetual sub-lease of a residential plot and, on the faith of the statements and representations made by the sub-lessee, the lessee, has agreed to grant and the Lessor has agreed to confirm a perpetual sub-lease of a residential plot.
AND WHEREAS on an application by the lessee the Lessor has fixed the amount to be paid initially towards premium before the execution of these presents (and the Lessor shall fix subsequently additional sum or sums payable towards premium as provided in the covenants hereinafter contained) and the yearly rent of the residential plot hereby sub-leased.
AND WHEREAS the Lieutenant Governor has approved the sub-lease.NOW, THIS INDENTURE WITNESSETH that in consideration of the sub-lessee having paid to the lessee Rs. …………… (Rupees ……..only) towards premium and Rs……….. (Rupees…………..only) towards development before the execution of these presents (the receipt whereof the Lessor hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the sub-lessee hereinafter contained, the lessee doth hereby sub-lease and the Lessor doth hereby confirm demise unto the sub-lessee all that plot of land being Residential Plot No. …………. Block No. …………….. in the layout plan of… ……………………… containing by admeasurement an area of…………… or thereabouts situate at…………… which residential plot is more particularly described in the schedule given hereunder and with boundaries thereof for greater clearness has been delineated on the plan annexed to these presents and thereon coloured red (hereinafter referred to as “the residential plot”) together with all rights, easements and appurtenances whatsoever to the said residential plot belonging or appertaining (subject to the exceptions and reservations contained in the lease) to hold the premises hereby sub-leased unto the sub-lessee in perpetuity from………….day of ………..two thousand……………. yielding and paying therefor yearly rent payable in advance of Rs…………… (Rupees …………………………………………………… only) up to the………..day of………….two thousand ………………….. and thereafter at the rate of two and a half per cent of the premium (the sum already paid and such other sum or sums hereafter to be paid towards premium under the covenants and conditions hereinafter contained) or such other enhanced rent as may hereafter be assessed under the covenants and conditions hereinafter contained clear of all deductions by equal half yearly payment on the first day of January and the first day of July in each year at the registered office of the lessee or at such other place as may be notified by the lessee for this purpose, from time to time, the first of such payments to be made on the first day of ……………….two thousand ………………..and the rent amounting to Rs…………………. (Rupees………………………………. only) from the……………….day of………………………….two thousand………………… up to ……………………….. day of…………….two thousand ……………….and ground rent @ 2½% of the premium herein mentioned above from………….day of …………..two thousand ……………………up to ………..day of ………. two thousand……………………………..having been paid before the execution of these presents and the sub-lessee has agreed to pay further yearly ground rent at the rate of Rs. …………………. (Rupees ……………….) payable by half yearly payments as herein mentioned above.Subject always to the exceptions, reservations, covenants and conditions in the lease and hereinafter contained, as follows:
1. The Lessor excepts and reserves unto himself all moneys, minerals, coals, gold washing earth, oil and quarries in or under the residential plot, and full right and power at all times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the residential plot or for any building for the time being standing thereon provided always that the Lessor shall make reasonable compensation to the lessee and/ or the sub-lessee as may be entitled for all damages directly occasioned by the exercise of the rights, hereby reserved or any of them2. The sub-lessee for himself, his heirs, executors, administrators and assignees covenants with the lessee and the Lessor in the manner following, that is to say:
(i) The sub-lessee shall pay to the Lessee within such time an additional sum or sums towards premium in respect of the residential plot as may be decided upon and fixed by the Lessor on account of the compensation awarded by the Land Acquisition Collector being changed on reference or in appeal or both as mentioned in sub-clauses (1) and (6)(a) of clause 2 of the lease and the decisions of the Lessor in this behalf shall be final and binding on the sub-lessee and the lessee. The yearly rent of two and a half per cent of the premium hereby reserved shall be calculated on the sum received towards premium by the lessee before the execution of these presents and on such additional sum or sums payable towards premium as provided herein from the ……….day of…………..two thousand …………………..
(ii) The sub-lessee shall pay unto the Lessee the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.
(iii) The sub-lessee shall not deviate in any manner from the layout plan nor alter the size of the residential plot whether by sub-division, amalgamation or otherwise.
(iv) Sub-lessee shall at all times duly perform and observe all the covenants and conditions which are contained in the lease on the part of the lessee or sub-lessee thereunder to be performed and observed insofar as the same may be applicable to affect and relate to the residential plot sub-leased to him.
(v) The sub-lessee shall, within a period of two years from the ……………………day of……………two thousand …………………….and the time so specified shall be the essence of the contracts after obtaining sanction to the building plan, with necessary designs, plans and specifications from the proper municipal or other authority, at his own expense, erect upon the residential plot and complete substantial work in a like manner a residential building for private dwelling with the requisite and proper walls, sewers and drains and other conveniences in accordance with the sanctioned building plan and to the satisfaction of such municipal or other authority.
(vi)(a) The sub-lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the residential plot in any form or manner, benami or otherwise, to a person who is not a member of the Lessee;
(b) The sub-lessee shall not sell, transfer, assign, or otherwise part with the possession of the whole or any part of the residential plot to any other member of the Lessee except with the previous consent in writing of the Lessor which he shall be entitled to refuse in his absolute discretion:
PROVIDED that the Lessor may impose such terms and conditions as he thinks fit and the Lessor shall be entitled to claim and recover a portion of the unearned increase in the value (i.e. the difference between the premium paid and the market value) of the residential plot at the time of sale, transfer, assignment, or parting with the possession, the amount to be recovered being fifty percent of the unearned increase and the decision of the Lessor in respect of the market value shall be final and binding:
PROVIDED FURTHER that the Lessor shall have the pre-emptive right to purchase the property after deducting 50% of the unearned increase as aforesaid;
(c) Notwithstanding anything contained in sub-clauses (a) and (b) above, the sub-lessee may, with the previous consent in writing of the Lieutenant Governor mortgage or charge the residential plot to such person as may be approved by the Lieutenant Governor in his absolute discretion:
PROVIDED that the Lieutenant Governor reserves the right to resume any plot or part thereof on payment of reasonable compensation which may be required for the development of the area like laying of sewerage, trunk service, electric and telephone wires and water supply lines, etc. or such other purposes which may be deemed of public and general utility:
PROVIDED FURTHER that, in the event of the sale or foreclosure of the mortgaged or charged property, the Lessor shall be entitled to claim and recover fifty per cent of the unearned increase in the value of the residential plot as aforesaid, and the amount of the Lessor’s share of the said unearned increase shall be a first charge having priority over the said mortgage or charge. The decision of the Lessor in respect of the market value of the said residential plot shall be final and binding on all parties concerned:
PROVIDED ALSO that the Lessor shall have the pre-emptive right to purchase, mortgage or charge the property after deducting fifty per cent of the unearned increase as aforesaid.
(vii) The Lessor’s right to the recovery of fifty percent of the unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency court.
(viii) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clauses (vi)(a) and (vi)(c) above, the sub-lessee shall be entitled to sublet the whole or any part of the building that may be erected upon the residential plot for the purpose of private dwelling only on a tenancy from month to month or for a term not exceeding five years.
(ix) Whenever the title of the sub-lessee in the residential plot is transferred in any manner whatsoever the transferee shall be bound by all covenants and conditions contained herein or contained in the lease and be answerable in all respects thereof.
(x) Whenever the title of the sub-lease in the residential plot is transferred in any manner whatsoever the transferor and the transferee shall, within three months of the transfer, give notice of such transfer, in writing to the Lessor and the lessee. In the event of the death of the sub-lessee the person on whom! the title of the deceased devolves shall• within three months of the devolution, give notice of such devolution to the landlord or tenant in respect thereof. The transferee or the person on whom the title devolves, as the case may be, shall supply the Lessor and lessee certified copies of the document(s) evidencing the transfer on devolution.
(xi) The sub-lessee shall from time to time and at all times pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time hereafter during the continuance of this sub-lease be assessed, charged or imposed upon the residential plot hereby sub-leased or on any buildings to be erected thereupon or on the landlord or tenant in respect thereof.
(xii) All arrears of rent and other payments due in respect of the residential plot hereby sub-leased shall, in the event of the same becoming recoverable by the Lessor, be recoverable by the Lessor in the same manner as arrears of land revenue.
(xiii) The sub-lessee shall in all respects comply with and be bound by the building, drainage and other bye-laws of the proper municipal or other authority for the time being in force.
(xiv) The sub-lessee shall not without the sanction or permission in writing of the proper municipal or other authority erect any building or make any alteration or addition to such building on the residential plot.
(xv) The sub-lessee shall not without the written consent of the Lessor carry on, or permit to be carried on, on the residential plot or in any building thereon any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of private dwelling or do or suffer to be done therein any act or thing whatsoever which in the opinion of the Lessor may be a nuisance, annoyance or disturbance to the Lessor, the lessee and other sub-lessee and persons living in the neighbourhood:
PROVIDED that, if the sub-lessee is desirous of using the said residential plot or the building thereon for a purpose other than that of private dwelling the Lessor may allow such change of user of such terms and conditions, including payment of additional premium and additional rent, as the Lessor may in his absolute discretion determine.
(xvi) The sub-lessee shall at all reasonable times grant access to that residential plot to the Lieutenant Governor and the lessee for being satisfied that covenants and conditions contained herein and in the lease have been and are being complied with.
(xvii) The sub-lessee shall on the determination of this sub-lease peaceably yield upon the residential plot and the buildings thereon unto the lessee or the Lessor, as may be entitled.
3. If the sum or sums payable towards the premium or the yearly rent hereby reserved or any unforeseen expenditure to be made hereinafter by the Lessee on any item of development to be carried out in terms of clause 3 of the agreement or the instructions issued by the Lieutenant Governor or the directions given by the local bodies in this behalf or any part thereof shall at any time be in arrears and unpaid for one calendar month next after any of the days whereon the same shall have become due, whether the same shall have been demanded or not, or if it is discovered that this sub-lease has been obtained by suppression of any fact or by any misstatement, misrepresentation or fraud or, if there shall have been, in the opinion of the lessee or the Lessor, and the decision of the Lessor shall be final, any breach by the sub-lessee or any person claiming through or under him of any of the covenants or conditions contained herein and in the lease and on his part to be observed or performed, then and in any such case, it shall be lawful for the Lessor or the lessee with the prior consent in writing of the Lessor, notwithstanding the waiver of any previous cause or right of re-entry upon the residential plot hereby sub-leased and the buildings thereon, to re-enter upon and take possession of the residential plot and the buildings and fixtures thereon, and thereupon this sub-lease and everything therein contained shall cease and determine in respect of residential plot so re-entered upon, and the sub-lessee shall not be entitled to any compensation whatsoever nor to the return of any premium paid by him:
PROVIDED that, notwithstanding, anything contained herein to the contrary the Lessor, in his absolute discretion, or the lessee with the prior consent in writing of the Lessor; may, without prejudice to the right of re-entry as aforesaid, waive or condone breaches, temporarily or otherwise, on receipt of such amount by the Lessor or by the lessee, on behalf of the Lessor and on such terms and conditions as may be determined by the Lessor and Lessor or the lessee whoever may be entitled may also accept the payment of the said sum or sums or the rent which shall be in arrears as aforesaid together with interest at the rate of six per cent per annum. The amounts for waiver or condonation received by the lessee from the sub-lessee shall be paid forthwith by the sub-lessee to the lessee or the Lessor subject to such deductions as the Lessor may, in his absolute discretion, allow to be retained by the lessee.4. No forfeiture or re-entry shall be affected until the Lessor or the Lessee has served on the sub-lessee a notice in writing; specifying the particular breach complained oft and if the breach is capable of remedy, requiring the sub-lessee to remedy the breach, and if the sub-lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy, and in the event of forfeiture or re-entry the Lessor in his discretion or the lessee, with the prior consent in writing of the Lessor, may relieve against forfeiture on such terms and conditions as the Lessor thinks proper.But nothing in this clause shall apply to forfeiture or re-entry for breach of covenants and conditions relating to sub-division or amalgamation, erection and com-pletion of building within the time provided and transfer of the residential plot as mentioned in clause 2, or in case the sub-lease has been obtained by suppression of any fact misstatement, misrepresentation or fraud.5. The rent hereby reserved shall be enhanced by the Lessor from the first day of January, two thousand………………………….and thereafter at the end of successive period of thirty years, provided that the increase in the rent fixed at each enhancement shall not at each such time exceed one half of the increase in the letting value of the site without building on the date on which the enhancement is due and such letting value shall be assessed by the Collector or Additional Collector of Delhi as may be appointed by the Lessor:
PROVIDED always that such assessment of letting value for the purpose of this provision shall be subject to the same right on the part of the sub-lessee of appeal from the orders of the said Collector or Additional Collector and within such time as if the same were in assessment by a Revenue Officer under the Punjab Land Revenue Act, 1887, or any amending Act for the time being in force and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder;
6. The Lessor shall, in addition to all his other rights have the right in the event of the failure of the lessee to observe and perform any of the covenants and conditions contained in the lease to require and enforce the performance and compliance therewith from the sub-lessee so far as those relate to the residential plot sub-leased to him and to realise directly from the sub-lessee the yearly rent and other sums due and payable by him thereunder to the lessee.
7. In the event of the dissolution of the lessee, for whatsoever cause, the lease shall stand determined and the sub-lessee shall be deemed to be the successor in interest of the lessee under the lease and all rights and obligations of the lessee thereunder shall devolve upon the sub-lessee insofar as those pertain to the residential plot thereby sub-leased to him and he shall observe and perform the said obligations to the Lessor and the Lessor shall be deemed to be successor-in-interest of the Lessee under these presents, and all rights and obligations of the Lessee hereunder shall devolve upon the Lessor, the sub-lessee shall observe and perform his obligations under this sub-lease to the Lessor.
8. In the event of any question, dispute or difference arising under these presents, or in connection therewith (except as to any matters the decision of which is specially provided by these presents)t the same shall be referred to the sole arbitration of the Lieutenant Governor or any other person appointed by him. It will be no objection that the arbitrator is a government servant, and that he has to deal with the matters which the lease or the sub-lease relates or that in the course of his duties as a government servant he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties. The arbitrator may, with the consent of the parties, enlarge the time, from time to time, for making and publishing the award. Subject as aforesaid, the Arbitration Act, 1940 and the Rules thereunder and any modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause.
9. All notices, orders, directions, consents or approvals to be given under this sub-lease shall be in writing and shall be signed by such officer as may be authorised by the Lieutenant Governor when the same are given on behalf of the Lessor or the Lieutenant Governor, or by such person as may be authorised by the lessee, when the same are given on its behalf, and shall be considered as duly served upon the sub-lessee or any person claiming any right to the residential plot if the same shall have been affixed to any building or creation whether temporary or otherwise upon the residential plot or shall have been delivered at or sent by post to the then residence, office or place of business or usual or last known residence, office or place of business of the sub-lessee or such person.
10(a) All powers exercisable by the Lessor under this sub-lease may be exercised by the Lieutenant Governor, the Lessor may also authorise any other officer or officers to exercise all or any of the powers exercisable by him under this sub-lease.
(b) The Lieutenant Governor may authorise any officer or officers to exercise all or any of the powers which he is empowered to exercise under this sub-lease except the powers of the Lessor exercisable by him by virtue of clause (a) above.
11. In this sub-lease, the expression “the Lieutenant Governor” means the Lieutenant Governor of Delhi for the time being or, in case his designation is changed or his office is abolished, the officer who for the time being is entrusted, whether or not in addition to other function with the functions similar to those of the Lt. Governor by whatever designation such officer may be called. The said expression shall further include such officer as may be designated by the Lessor to perform the functions of the Lieutenant Governor under this sub-lease.12. The expression lithe Lessor” and lithe sub-lessee” hereinafter used shall where the context so admits include, in the case of the Lessor, his successors and assignees, and in the case of the sub-lessee, his heirs, executors, administrators or legal representatives and the person or persons in whom the sub-leased interest created by the sub-lease shall for the time being be vested by assignment or otherwise, and the expression “the lessee” hereinafter used shall mean the ……………………….. society.
IN WITNESESTH WHEREOF Shri…………………….for and on behalf of lessee by the order and direction of the Lessor has hereunto set his hand the common seal of the lessee has hereunto been affixed and Shri/Smt………….the sub-lessees has hereunto set his/her hand the day and year first above mentioned.
SCHEDULE
All that plot of land being the residential plot No…………….in Block No…………in the layout plan of………………………..sanctioned by the Standing Committee of the Municipal Corporation of Delhi/New Delhi Municipal Committee/Delhi Development Authority/Delhi Cantonment Board by Resolution No…………………..dated the …………day of………….two thousand……………………………..and measuring…………………..or thereabout bounded as follows:
North…………………………East …………………………South………………………..West…………………………. .as shown in the annexed plan marked with its boundaries in red.Signed by Shri…………for and on behalf of and by the order and direction of the President of India (Lessor) in the presence of:(1) Shri……………………….The common seal of ……………………….society (lessee) is hereby affixed in the presence of Shri……………….. (Name and designation) in pursuance of bye-law No…………of………….the [Society (Lessee)]………………………..(Seal) ………………………… Resolution No…………..dated the…………….. of the……………………Managing Committee of the……………..Society (lessee) and the said Shri……………..have signed in the presence of:(1) Shri…………………………………..(2) Shri…………………………………..
Signed by Shri/Smt…………………. .
(sub-lessee)
In the presence of:(1) Shri……………………………………(2) Shri……………………………………