Amend 1907 lease deed,DEO tells

In a letter addressed to the Estates Officer,RWITC titled ‘Correction of lease deed of RWITC dated 16 February 1997,’ the DEO,Pune Circle has said,“During the proceedings of the (Writ Petition) WP No 10942/2011 filed by you in the Bombay High Court,the certified copy of the lease deed produced by you contained 111.50 acres being on lease,whereas our own lease shows unauthenticated figures of 11.50 acres. However,while contesting our own figures the RWITC submitted that a correction deed should have been executed. You are,therefore,requested to execute a correction deed to display the correct figures of 11.50 acres in the lease deed.”

In March,the RWITC had withdrawn the writ petition the club had filed in the Bombay High Court in December last year. Interestingly,the letter is written on the backdrop that the two parties,while ‘amicably solving’ the issue as per court directives,had agreed to adhere to the 1907 lease deed.

“We have decided to adhere to the 1907 lease deed and withdraw the writ petition. We plan to work with the Local Military Authority (LMA) in order to develop a better understanding. We hope to develop a fresh working arrangement,” RWITC chairman Vivek Jain had then told The Indian Express. The letter comes in the backdrop of visibly improving RWITC-Local Military Authority (LMA) relations and in the midst of a racing season that is progressing smoothly.

A Defence Estates official said,“There is a schedule of the deed which explains the three pieces of the land. It mentions 111.5 acres as the area of the land leased to the RWITC. It is a mistake and we have asked the RWITC to execute a correction deed.”

While the Estates Officer,RWITC,could not be contacted,Vivek Jain said,“I am not aware of such a letter being received. The desire is to work in close rapport with the Army. In fact,a working group has been created which has been holding the meetings every month and if the letter has been received,it will be considered by the group in due course.”

Besides the 1907 lease deed,the two parties have also signed two Memoranda of Understanding (MoU) in 1997 and 2000 — clauses in both of which were disputed. The RWITC has been banking on the certified copy of 1907 lease deed claiming that the area leased to the club is 111.5 acres,which includes the general parade ground within the race track.

The LMA,on the other hand,has been referring to GLR record of the year 1928 claiming that the area leased to the club is 11.50 acres — that of the racing track without the General Parade Ground. LMA officials have also substantiated their claim by pointing to an annual rent of Rs 1,200 which the RWITC has been paying since 1907 saying it is the corresponding figure for 11.50 acres and not 111.5.

Advocate Netraprakash Bhog,member,RWITC said,“I have the copy of the original lease deed and it has 111.5 acres written in letters.”

A closer look at the lease deed a copy of which is with The Indian Express,however,points that it is the description of the plot in the lease deed which has been causing the dispute as both the agencies are interpreting it differently.