PRAVIN P AGARWAL Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) The short and substantial question which has arisen in a group of 19 petitions is whether the impugned order of the Kandla Port Turst Board (hereinafter referred to as "K.P.T. Board" for short) dt. 5/8/1981 could be invalidated on the ground of arbitrariness and unfairness in rejecting offers made by the petitioners for allotment of plots in Kandla Port at Gandhidham in Kutch District? With a view to appreciating the aforesaid issue in focus, a narration of a few material facts leading to rise of this group of 19 matters, is required at the out-set. In modern Gandhidham Township of a major part of Kandla, some plots were available for allotment for residential, shopping or composite purposes in different sectors. The plots for different purposes are to be granted on 99 years lease-hold renewable for another terms of 99 years. For the purpose of allotment of the plots, the applicants were required to fill in the prescribed application form supplying all the required informations therein.

(2.) The petitioners applied for allotment of plots situated in different sectors in the Gandhidham Township in the prescribed application forms in 1980. The petitioners were also required to deposit different amounts for security deposit and other necessary charges for the lease-hold of 99 years. K.P.T. Board informed the petitioners that the plots applied for by them were to be auctioned on 11th, 12th and 13th of November 1980. K.P.T. Board had held auctions on the aforesaid dates in respect of 84 plots. The Plot Allotment Committee members were present during the limited auction. In the limited auction, out of 84 plots put to auction, no bids were received in respect of 17 plots.

(3.) The Plot Allotment Committee had submitted its report to the K.P.T. Board. The meetings of the Plot Allotment Committee were held on 13/8/1990 and the Minutes were prepared in respect of auctions of plots in various Sectors which were held from 11th to 13th November 1980. The report of the Plot Allotment Committee was submitted to the K.P.T. Board. Thus it is clear that the report of the Plot Allotment Committee was in respect of allotment of plots on 99 years lease-hold in Gandhidham Township by a Limited Auction held on 11th, 12th and 13th November 1980.