GAJANAN MOTAL COMPLEX Vs. GWALIOR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) It is high time that owners of commercial premises should make provision for providing space for parking, toilet facilities, approach roads and other basic ammenities to the public who come to their premises. The State is burdened as it is finding it difficult to make provisions for everything which a citizen requires. This can be achieved either by Legislative mandate or by terms of contract under which transfer of rights is made. One such step taken in the right direction by Gwalior Development Authorities respondent No.1, is being impugned in the present writ petition. The matter is purely contractual. It would have been appropriate for the petitioner to pursu the same in the civil court. As a matter of fact, some litigation is pending in Civil Court. However, as the present petition is pending in this Court for almost four years, it would be apt to deal with the same.

(2.) A plot No.38, was allotted to the petitioner. This allotment was made by the respondent No 1. The plot is situated in the city centre at Gwalior. Annexure P/1 is a communication in this regard. This is dated 29th of October, 1988. The area of the plot is said to be 985.18 sq. metres. The petitioner was to pay the price of this land at the rate of Rs. 600/- per sq. metre. The dispute which has been raised by the petitioner is that the actual area of the plot is less than what has been stipulated in Annexure P/1. He submits that either the same area in Annexure P/1 be allotted or there should be a corresponding decrease in the price. The petitioner was to pay a sum of Rs. 5,91,108/-. He has paid only Rs. 55,000/-

(3.) The stand taken by the Gwalior Development Authority be noticed