AJAY CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is the order dated 21.01.2002 passed by the Special Secretary, Urban Administration and Development Department, Government of Chhattisgarh.

(2.) The brief facts which inter alia involved in this case is that on 05.08.1999, the Commissioner, Municipal Corporation Bhilai, published an advertisement inviting tender from the general public for grant of lease for four plots for a period of 30 years. The said tender notice was further modified on 10.08.1999 with respect to the numbering of plot about the dimension. Subsequently, on 05.10.1999 another the tender was invited with respect to the other two plots for grant of lease for a period of 30 years. The petitioner submitted his tender for grant of six plots pursuant to the said two tender notice and deposited an earnest amount of Rs.62,500/- and 3,00,000/-. The petitioner further contended that the petitioner was granted tender and preliminary permission with regard to four plots as per initial tender notice dated 05.08.1999 (modified on 10.08.1999). Likewise in respect to the second tender notice dated 05.10.1999 of two plots, the preliminary permission was granted on 10.02.2000.

(3.) Pursuant to the preliminary allotment for the period of 30 years for four plots Rs.1,63,592/- was deposited; whereas in respect of two plots Rs.4,09,862/- was deposited with the respondent Municipal Corporation. The respondent No.2 Municipal Corporation granted a lease of the plots for the period of 30 years, which have been collectively filed as Annexure P-7; whereas in respect of two separate plots, the lease was granted on 03.03.2000 by Annexure P-8. Subsequently, in respect of four plots, the competent authority was pleased to accord physical possession in the month of October, 1999 and in respect of two plots, the competent authority was pleased to accord physical possession in the month of March, 2000. Subsequently, the building permission too was granted by the respondent Municipal Corporation by Annexure P-11.