section 3
Determination of lease
The Sikkim Determination of Lease Act, 2014General20144 sections
Statutory text
- (1) Notwithstanding anything contained in any lease deed to the contrary, the State Government, wherever it deems it expedient, may determine the period of lease or terminate or cancel the lease in public interest if the land which was taken on lease has remained unutilized for the purpose for which it was taken and the implementation of the project on the land taken on lease is or was part of a litigation for non-implementation of the project for which land was taken on lease. On such determination or termination or cancellation of the lease, the land shall be deemed to have been reverted back to the lessor.
- (2) Where the period of lease has been determined or the lease has been terminated or cancelled, the lessee shall hand over the possession of the land to the lessor within a period of 1 (one) month from the date of the order passed under sub-section (1).
- (3) Any such determination of period of lease or termination or cancellation of lease shall be preceded by issue of a notice giving 15 (fifteen) days time to the Lessee or any other person or entity claiming through or under it, to show cause as to why the lease period shall not be determined or lease terminated or cancelled and upon consideration of reply, if any, to the show cause notice, necessary order may be passed by the authority either determining or terminating or canceling such lease.
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