SAIYED IQBAL Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) Rule. With the consent of the learned counsel for the parties, the petition is finally heard and is being disposed of by this judgment.

(2.) In this petition under Article 226 of the Constitution, the petitioner has challenged the decision of the respondent-Ahmedabad Municipal Corporation to continue the occupation and user by respondent No. 4 of the premises admeasuring about 1637 sq. yards of land with 299 sq.yards of construction thereon in the Motilal Park, popularly known as Law Garden in Ellisbridge, Ahmedabad. The petitioner has also prayed that the said premises be given by public auction. The petitioner has also prayed that the rent at the rate of Rs.1,00,000/per month be recovered from respondent No. 4-Modern Caterers Pvt. Ltd. from October, 1998 onwards.

(3.) In the Ellisbridge area of the city of Ahmedabad, there is a Municipal garden called Motilal Park, popularly known as the Law Garden. A part of the Park being land admeasuring 1637 sq. yards with construction of 299 sq. yards was earmarked for running a restaurant and was let out for the first time to another party in the year 1964. It was let out to respondent No. 4-Modern Caterers on lease basis in the year 1978 at a monthly rent of Rs.1000.00 per month for a period of 10 years. Again the lease was renewed for a period of 10 years from 18.10.1988 to 17.10.1998 at a monthly rent of Rs.3460.00 per month plus taxes. When the lease period was about to be over, respondent No. 4 submitted an application for renewal of the lease and submitted a further representation dated 5.5.1999 submitting that respondent No. 4 running an ice-cream parlour had been regularly paying the rent and taxes and had also constructed a water tank of the capacity of 20,000 Ltrs. and expressed its willingness to pay the monthly rent of Rs.25,000.00 plus municipal taxes. Though no tenders or public offers were invited, six other parties including the petitioner herein submitted their offers for taking the aforesaid land with construction on lease at the following rates :- <FRM>JUDGEMENT_568_TLGJ0_2001Html1.htm</FRM>