HOTEL VENUS INTERNATIONAL Vs. GOSHREE ISLANDS DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These Writ Petitions concern the sale of the reclaimed land by the Goshree Islands Development Authority for meeting the expenses incurred by it, for constructing three bridges to connect Ernakulam mainland to Vypin Island. The petitioner in W. P. (C) 15048/2005 is Mr. K. Venogopalan Nair. His proprietary concern M/s. Hotel Venus International, is the petitioner in W. P. (C) 15032/2005. A partnership firm, in which, he is the major partner and his sister alone is the other partner, is the petitioner in W. P. (C) 15052/2005. W. P. (C) 15032/2005 was treated as the main case, at the time of hearing the Writ Petitions. Therefore, the said case is dealt with first.

(2.) The brief facts of the case, which are absolutely necessary for the disposal of the writ petition, are summarised below:

(3.) The Government of Kerala assigned 25 hectares of 'kayal puramboke' (Government land by the side of backwaters) to the 1st respondent Goshree Islands Development Authority (hereinafter referred to as GIDA), subject to certain conditions. One of the conditions was that the land was not alienable for 12 years. Later, the Government, by Ext. P1 order dated 7.1.2003, permitted GIDA to sell the land in public auction, either in part or in full. The three attempts made by GIDA, to sell the said land, were not successful. Later, the GIDA issued Ext. P3 tender notification dated 10.1.2005, inviting tenders for the sale of the said land in part or in full. In the pre bid meeting held on 10.2.2005, the District Collector, who is the Secretary of GIDA, gave an assurance that exemption from the provisions of the Kerala Land Reforms Act, concerning ceiling for the land that can be held by a person, will be granted by the Government, by issuing appropriate notification in this regard within a few days. The said assurance is contained in Ext. P5 minutes of the meeting. The tenders were opened on 16.2.2005. The petitioner and its sister concerns submitted their tenders for various plots. The total extent of land, for which they submitted their bids, exceeded the ceiling limit fixed in the Kerala Land Reforms Act. Except in the case of one plot, the petitioners in the above three writ petitions were found to be the highest bidders for all other plots.