DWARIKAPRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this Probono Publico Petition under Article 226/227 of the Constitution of India on 29-9-1999 and his contention was that the M. P. State Road Transport Corporation (hereinafter shall be referred to as "corporation") Gwalior has constructed some shops adjoining to New Bus stand and D. M. Hotel. Now the same are being illegally constructed as Plaza hotel. It was also mentioned that the land is acquired for establishment of new bus stand and now lease is being granted. It was alleged that around 48 shops were constructed by the Corporation near the new Bus Stand Gwalior. They are being leased out for converting them into Hotel. The shops and bus stand should be saved and it was also mentioned that against the aforesaid action they have submitted representation to the Collector, to the General Manager and to the chief Minister and other authorities and the relief which is being sought in the petition is that the permission of construction of hotel be cancelled and respondents be directed to stop the construction work of Hotel and it should be ensured that there may not be any inconvenience to the passengers in future so far as the basic amenities on the new bus stand are concerned and there should be enquiry by High Power Committee and those who are responsible be punished. Copy of the award passed by the Collector under Land Acquisition dated 24-6-2007 is also filed and is on record.

(2.) CORPORATION has filed its return. In reply the case of the respondent corporation is that the Corporation has constructed the bus stand in a huge premises and having its own bus stand building and also the basic facilities like; toilet, bathroom, waiting room, canteen, parking, book stall, tea stalls etc. and the entire bus stand is fully equipped. Corporation has constructed as many as 40 shops as to earn revenue and profit by letting them. 20 shops were constructed in the year 1989 and 20 other shops were constructed in the year 1996 and around 26 lacs rupees were invested on the construction of the shops. Thereafter Corporation issued tenders for the purposes of allotment of shops on lease for a period of 30 years. Various advertisements were issued for inviting tenders on 21-4-1995, 23-5-1995, 11-9-1995, 14-11-1995, 21-4-1996 and 4-12-1996. The initial premium amount was fixed at Rs. 70,000/- but the corporation has not received any offer from the intending bidders. The premium amount was enhanced to Rs. 1,25,000/- for the front shops and rs. 1,00,000/- for the shops situated at back side and the premium amount was fixed in the interest of Corporation so as to fetch the maximum revenue.

(3.) IT was further submitted that the bidders did not turn up and some of the bidders, who turned up, failed to deposit the money and on 10-12-1996, dy. General Manager wrote to the Managing Director and submitted that for the last five years, the shops are lying vacant and nobody has turned up to take the shop on lease neither anybody is taking interest in taking the shops on lease and requested for reducing the premium amount of the shops.