JAGDISH UPADHYAY Vs. MUNICIPAL CORPORATION GWALIOR

JUDGEMENT

(1.) Heard. The petitioner has filed this petition against the order dt.7.3.2012 (Annexure P/1) passed by the Commissioner, Municipal Corporation, Gwalior.

(2.) The petitioner awarded a contract vide order dt.31.3.2011 because he was the highest bidder of recovery of parking fees from two -wheelers and four - wheelers. The petitioner made an offer of Rs.9,54,000/ -. In accordance with the terms and conditions of the contract, bicycles and two -wheeler vehicles would be parked near Bargad tree and four - wheeler vehicles would be marked at Gorkhi ground. The petitioner was authorised to collect Rs.5/ - per single trip and Rs.100/ - monthly from four -wheeler vehicles, Rs.2/ - per single tripe and Rs.50/ - monthly from scooter/motor cycles and Rs.1/ - per single tripe and Rs.15/ - from monthly from bicycles. The possession of the land near Bargad tree and Gorkhi ground had not been handed over to the petitioner. Subsequently, the terms and conditions of the contract were changed because the lands were not available to the Municipal Corporation and the petitioner was directed to deposit an amount of Rs.2,36,000/ - in addition to Rs.4,00,000/ -. Following terms and conditions were offered vide order dt.29.2.2012 : - <JUDIMG>1236730-2</JUDIMG>

(3.) THE grievance of the petitioner is that the forfeiture of the amount of the petitioner is arbitrary and illegal.