LEASE DEED / AGREEMENT

This Deed of Lease made and entered into at ______ on this ____ Day of ____, 20___.

BETWEEN

M/s. ________________, a company incorporated under the provisions of the Companies, Act, 1956, having its Registered Office at ______________________.  Income Tax Permanent Account No. _________________, and action through its Authorised Director SHRI. ______________________, Aged about ______ Years, Occupation- _________, Resident of Plot No. __________________within the local limits of __________ Municipal Corporation, Nagpur, hereinafter referred to as “THE LESSOR” (which expression shall, unless-it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) as PARTY OF THE ONE PART.

AND

________________ STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED through its ………………………. (Designation), M………………………….. (Name) ………………………………………. (Age) ………………………. (Place of working) a company under Government of Maharashtra incorporated under the Electricity Act, 2003 and registered under the Companies Act, 1956 & having its registered office at _______________________ hereinafter referred to as “THE LESSEE” (which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include the distribution Company, its successors and assigns etc. under Electricity Act, 2003) as PARTY OF THE OTHER PART.

WHEREAS the LESSOR is absolutely seize and possessed of or otherwise well and sufficiently entitled to ALL THOSE Pieces and Parcel of ___________ land bearing Plot No. ________ admeasuring about ______ sq. mtrs. (i.e. _________ Sq fts),  being a part of Khasra No. _______, Sheet No- ______ City Survey No-_________ situated at ________r Ward No. _____, of Mouza: _______________, Tahsil and District ____________ out of the sanctioned layout known and styled as “_______________” being a portion of the entire land bearing Khasara Nos. ________ of Mouza ___________, bearing Corporation House No. _____, City Survey No. ________ and Sheet No. _____  of Mouza – ________, situate at ________________, within the limits of the _______ Municipal Corporation Ward No. ____ in Tahsil and District – _________ more fully described in ‘Schedule A’ hereunder written, and hereinafter referred to as “said premises”.

WHEREAS the lessor, has developed a residential project on Kh. No. ________, more particularly described in ‘Schedule A’, District- _______ in the state of Maharashtra, known as “____________” (name of project) hereinafter referred to as “the said project”.

WHEREAS the LESSEE has approached the LESSOR with a request to grant them the lease of a portion of the said premises belonging to the LESSOR as mentioned in ‘Schedule B’ herein underwritten, for the purpose of construction of ____/___ KV receiving electrical DTC to be installed and manufacture by lessee for the purpose of supply of electricity to the said project and to the consumers of MSEDCL in nearly area if MSEDCL desires.

And whereas, the Lessor has agreed to the above request of the LESSEE and has agreed to grant the LESSEE, a lease for the period of ____ years, of the portion of the said premises described in Schedule “B” on terms and conditions hereinbefore recited and hereinafter stated in this agreement.

NOW IT IS AGREED BY AND BETWEENTHE PARTES AS FOLLOWS

1. That the LESSOR agrees to give unto the Lessee and LESSEE agrees to take on Lease a portion of the said premises admeasuring about ____ sq. mtrs (___ mt X ___ mt) more particularly described at Schedule “B” hereunder written, and shown bounded by a red colour  boundary line on the plan annexed here to and marked as ANNEXURE-A.
2. That the LESSEE and his officers, servants contractor and agent shall be entitled, to have a right to lay underground wires, cables, pipes, drains for lighting, water, electricity or any other purpose relating to the construction of the substation.
3. That the lease rent is agreed at Rs. ____/- per year and the lessee is ready to pay the total lease rent for the period of 99 years commencing from the date of registration of this deed in advance at one time. Accordingly the lessee has paid unto the lessor the total lease rent RS. _____/- by a cheque bearing No……………….. dated……………drawn on the …………………………………………………… Bank…………………………………..Branch the receipt whereof the lessor hereby acknowledges, and a separate receipt for the same shall not be necessary.
4. The lease rent for the said lease property shall be exclusive of the taxes, assessment dues and duties payable in respect of the said portion of land and the Sub-station to be constructed by the LESSEE thereon, to the Government, Municipal Corporation, the Grampanchayat or any other local authority or public body and which taxes etc. will be payable by the LESSEE as and when they become due and payable.
5. That the LESSEE shall enjoy the premises free from disturbance from the LESSOR.
6. That the LESSOR shall not create any encumbrance or third party interest in respect of the leased premises so as not to affect the enjoyment of the said premise by the LESSEE.
7. The LESSEE shall have right to put on and construct Electric sub-station / DTC on the said demised property and shall be entitled to use the same. However, the lessee shall do so strictly in accordance with the rules and regulations and the prevalent law as to construction, use and enjoyment of such property, and use the premises for electrical substation only.
8. The LESSEE shall not sub-let or sub-lease the leased premises, and shall not part with the possession under whatsoever pretext.
9. The LESSEE shall use the leased premises subject to and by following rules and regulations framed under the prevalent laws and shall maintain the said property and Electrical sub-station/DTC in good condition at his own costs.
10. The LESSEE shall not do any act affection the title of the LESSOR to the subject premises.
11. That if the LESSEE intends to surrender the lease-hold rights, then he shall do so by giving 12 months notice to the LESSOR.
12. That in consideration of the lessee having paid the total rent, as aforesaid, the LESSOR does hereby grant and confer lease of the demised premises by pulling him in actual possession TO HAVE AND TO HOLD the same for period of 99 years, as a lessee thereof.
13. All the taxes & other out going in respect of the said lease property up to date of completion of the lease and handing over possession to the lessee will be paid by lessor.
14. That all the expenses towards stamp-duty, registration charges and incidental expenses thereto were agreed to be paid and borne out by the lessor, and accordingly, he has done so.
15. The lessor declares that the said lease property is not subject to ant reservation and has already handed over the premises to the lessee on ___-___-20___ and the registration shall be done in due course.
16. Nothing in this agreement shall be considered as sale of the said Lease Property or any part or portion hereof in favour of the Lessee.
17. if any permission or No Objection Certificate is required to be obtained from any authority for granting a lease of the said Lease Property as afore said, the Lessee shall obtain the same at its own costs as a condition precedent to the execution of the Deed of Lease However the Lessor should extend full cooperation to Lessee for obtaining local sanction etc. from appropriate revenue authorities.
18. The Lessee shall observe and conform to the rules and regulations prescribed by the local and / or competent authority and /or bodies and/or under any law for the time being in force relation to the constructions of Substation and/or other structures and /or public health in the said lease property.
19. That the lessee will not make any excavation upon any part of the said lease property remove any stone, earth or other material except so for a may be necessary for the purpose of forming the foundation of the Substation and the compound wall and executing the works as may be necessary in the opinion of the company.
20. That the lessee shall permit the lessor and it’s duly authorized agents and representatives to enter upon the said lease property after giving 24 hours notice in writing in order to view and examine the state and conditions of the said properly.
21. All notice, consent and approval under this lease shall be in writing and any notice to be given to lessees shall be considered duly served if the same shall have been delivered to the address or the lessees herein above stated.
22. It is specifically agreed the parties hereto that all the expense to set receiving station substation and control room including construction, cable up to receiving station, installation, maintenance etc. will be borne by lessee alone and on this assurance lessor has agreed to give the lessee the said lease property more particularly described in the second scheduled hereunder written.
23. The liabilities arising for the lessor by any means like attachment of the property by court’s etc. will not affect ant right of the lessee over the said lease property.

SCHEDULE “A” OF THE PROPERTY ABOVE REFERRED TO

ALL THOSE Pieces and Parcel of ____________ land bearing  Plot No _________ admeasuring about _______ sq. mtrs. (i.e. _______ Sq fts),  being a part of Khasra No. ______, Sheet No- ___ City Survey No-_____ situated at ____ Ward No. ___, of Mouza: ______, Tahsil and District _____  out of the sanctioned layout known and styled as “______________” being a portion of the entire land bearing Khasara Nos. _______ of Mouza ______, bearing Corporation House No. ______, City Survey No. _______ and Sheet No. ___ of Mouza – _____, situate at __________, within the limits of the Nagpur Municipal Corporation Ward No. ___ in Tahsil and District – ________ is bounded on its four sides as under:-

                        ON THE EAST             –           __________

                        ON THE WEST            –           __________

                        ON THE NORTH         –           __________

                        ON THE SOUTH          –           _____________

SCHEDULE “B” OF THE PROPERTY ABOVE REFERRED TO

All that Piece and Parcel of Land which forms a portion of the Lessor’s property described in Schedule A admeasuring ____  Sq.Mtrs. (___ mt X ___ mt)   and bounded by:

                        ON THE EAST             –           _____

                        ON THE WEST            –           ____

                        ON THE NORTH         –           _____

                        ON THE SOUTH          –           ______

                        IN WITNESS WHEREOF the parties hereto have signed hereunder at Nagpur on this ___ day of ____ 20___.

 LESSOR                                                                                              LESSEE

WITNESSES-

1. Signature …………………………                        Signature …………………………

            Name ……………………………..                                      Name ……………………………..

            Address……………………………                                     Address……………………………