USHABEN ISHWARLAL PAREKH Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) With the consent of the learned Counsel for the parties, the main Special Civil Application is taken up for final hearing.

(2.) The short facts of the case are that the advertisement was given by respondent No.1 inviting offers for allotment of final plot No.545 admeasuring 101.24 sq. mtrs under T.P. Scheme No.2. It appears that the petitioner submitted the offer at the rate of Rs.7,000/= per sq. mtrs., whereas the highest offer received was Rs.10,124/=. It also appears that the opportunity to show the willingness of the petitioner as to whether the petitioner is ready to offer the price of Rs.10,124/= per sq. mtrs. was given and for such purpose the communication was addressed by respondent No.1 to the petitioner as per the letter dated 2.9.2004. It also appears that the petitioner asserted for acceptance of offer of Rs.7,000/= and did not show the willingness to increase the offer at the rate of Rs.10.124/= per sq. mtrs. and at this stage, the petitioner preferred Special Civil Application No.11901/2004 for challenging the action of Respondent Authority for the directions to the respondent Authority to accept the tender of the petitioner at the price at which the offer was made by the petitioner. The said Special Civil Application came to be dismissed by this Court as per the order dated 17.9.2004 and at para 3 it was, inter alia, observed as under:

(3.) It appears that thereafter on 29.9.2004, the petitioner has shown willingness to pay the price at the rate of Rs.10,124/= per sq. mtr. for which the earlier communication was made by respondent No.1 and in response that to the acceptance is communicated to the petitioner as per the letter dated 8.10.2004 by Respondent No.1. However, the allotment made is of only 66.55 sq. mtrs. of the land bearing Final Plot No.545 and not of the area admeasuring 101.24 sq. mtrs and, therefore, under these circumstances the petitioner has approached this Court by preferring this petition for the relief, inter alia, to quash and set aside the decision of the first respondent of granting the land admeasuring 66.55 sq. mtrs. from the land admeasuring 101.24 sq. mtrs. and it is further prayed by the petitioner to quash and set aside the order for allotment of the land admeasuring 34.69 sq. mtrs. to respondent No.3 and the petitioner has also prayed to direct respondent No.1 to allot the entire final plot No.545 admeasuring 101.24 sq. mtrs. in favour of the present petitioner as per the tender form.