RAJESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is filed by the petitioner in Public Interest Litigation under Article 226 of the Constitution of India challenging the legality or legitimacy of the grant of lease of 15 acres of land owned by the State Government in favour of respondent No.3.

(2.) THE brief facts of the case are that the petitioner has filed this petition alleging that he is the District Secretary of Communist Party of India and has an active record of public service in the District Gwalior. At Gwalior nearly 104 acres of open land is ear -marked for the purpose of Mela. It is alleged that the said Mela is arranged every year for last more than 100 years. A part of the land is used as cattle Mela. The Mela is usually held in the month of December and January of every year.

(3.) THE land was under the control of Commerce and Industrial Department of the State. It was decided that 15 acres of the aforesaid land should be allotted for the said purpose for 15 years. The land should be allotted on the same terms and conditions, on which land is allotted by the State Government for industrial purpose .and the same condition should be applicable. It was also decided that the procedure for allotment should be transparent and for that purpose the respondent No.2 invited tenders for the said purpose. The respondent No.3 submitted the tender which was accepted by the respondent No.2 and the land was allotted to him. The respondent No.3 established amusement park on the said land. This petition is filed challenging the said action .. land should be allotted after inviting tenders.