ZAFAR KHAN Vs. NAGAR NIGAM BURHANPUR

JUDGEMENT

(1.) THE petitioner has filed this petition praying for a direction to the respondent nos.1 & 2 to accept payment of Rupees Seven Lakhs from the petitioner and execute a lease deed in his favour for plot nos.4 & 5 (wrongly stated to be plot nos.3 & 4 in the petition) at Krishi Nagar, Burhanpur or in the alternative to direct respondent nos.3 & 4 to sanction and approve the decision of the respondent nos.1 & 2 in respect of execution of the aforesaid lease deed within seven days.

(2.) THE brief facts, leading to the filing of the present petition, are that the petitioner participated in the auction and was the successful bidder for plot nos.4 & 5 at Krishi Nagar, Burhanpur and his bid for Rs.7,71,000/- for the said plots was accepted pursuant to which a sum of Rs.1,93,000/- which was 1/4th of the amount was deposited by the petitioner within three days. Subsequently, as the petitioner realized that the plots were not in a condition in which any construction could be made by the petitioner and needed investment of a considerable sum towards earthwork, the petitioner did not deposit the remaining 3/4th amount but requested the respondent Town Improvement Trust, Burhanpur which was in existence at that point of time to reduce the sale amount by the cost which would be incurred by the petitioner for levelling the area. As a result of the aforesaid dispute between the parties, the remaining amount was not paid by the petitioner and the lease deed was also not executed in his favour. The matter travelled to various authorities of the State and was ultimately decided by the Additional Collector, Burhanpur by order dated 6.7.1995 with a direction to the effect that in case the petitioner deposits a further sum of Rs.10,98,697.85 in installments, the lease would be executed in his favour. The petitioner being aggrieved by the said order of the Additional Collector, Burhanpur, filed W.P No.2260/1995 before this Court which was finally decided on 7.3.2006 with the following directions in paras 16 & 17:-

(3.) THE petitioner, being aggrieved by the order of the learned Single Judge in the aforesaid petition, filed a Writ Appeal before the Division Bench of this Court which was registered as W.A No.915/2006. During the pendency of the writ appeal, the petitioner filed an application before the respondent Corporation which had come into existence w.e.f. 1.8.1994 after dissolution of the Town Improvement Trust, Burhanpur, proposing to settle the matter by accepting a total amount of Rupees Five Lakhs. This proposal of the petitioner was considered by the Mayor-in-Council in its meeting held on 29.7.2008 wherein it was resolved that in case the petitioner deposits a total amount of Rupees Seven Lakhs as one time settlement and withdraws the writ appeal and sanction for the same is awarded by the State Government, the matter would be settled. The resolution of the Mayor-in-Council was also placed before the full meeting of the Municipal Corporation, Burhanpur held on 11.2.2009 wherein it was proposed to take action in accordance with the advise given by the legal advisor. Pursuant to the aforesaid resolution, the Commissioner, Municipal Corporation Burhanpur forwarded a request to the Commissioner, Urban Administration and Development Department, Bhopal for awarding sanction for the lease of the aforesaid plots in favour of the petitioner by his letter dated April, 2009 and the petitioner in his turn withdrew W.A No.915/2006 on 7.4.2010.