LAWS(P&H)-2001-9-126

VIJAY KUMAR TANDON Vs. BHUPINDER SINGH AND ORS.

Decided On September 06, 2001
Vijay Kumar Tandon Appellant
V/S
Bhupinder Singh And Ors. Respondents

JUDGEMENT

(1.) Has the Executive Agency, i.e., Municipal Corporation, Amritsar, third respondent in this appeal, while pouring to the appellant -Vijay Kumar Tandon, by giving him lease of land so as to install petrol pump there, fixed by it, thus, doing sheer favour to him or is the said lease a clean transaction, is the only question that needs adjudication in this Letters Patent Appeal filed under Clause X of the Letters Patent by appellant against order of learned Single Judge dated 20th November, 1989, in Civil Writ Petition No. 11806 of 1988, vide which lease has since been cancelled in the writ petition that came to be filed by Bhupinder Singh. Before we take the aforesaid exercise in hand, the facts of the case would need a necessary mention.

(2.) On 21st March, 1984, Municipal Corporation, Amritsar leased out a site for petrol pump situated at Circular Road, outside Beri Gate, Amritsar to one Surjit Singh, who was the highest bidder. Inasmuch as Surjit Singh failed to abide by the terms and conditions of the lease granted to him in the matter of depositing the instalments lease in his favour was cancelled. A public notice for leasing out the site petrol came to be published on 19th September, 1986 in the Tribune mentioning therein that the site measuring 120x 100 feet for petrol pump outside Beri Gate, Amritsar, would be auctioned on 29th December, 1986 at 3 PM in the office of the Executive Officer, Municipal Corporation, Amritsar. The bidders were required to produce letter of intent from any one of the petroleum corporation at the time of auction or latest by 10th October, 1986. The details of the public notice, published in the Tribune, were mentioned in Annexure P -l. The original allotted, Surjit Singh being aggrieved of cancellation of lease to him and publication of notice aforesaid for reauctioning the site, filed civil suit for injunction, during the currency whereof he maintained an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure for grant of ad -interim stay directing the Municipal Corporation , Amritsar, not to auction the site for petrol pump to anyone else. It is to clear from records as to what exact orders were passed by the learned Subordinate Judge, Amritsar, vide order dated 6th February, 1987, directed that the property in dispute shall not be leased out through secret deal to anybody and the same may be leased through public auction. It is significant to mention here that before issuing directions to the effect aforesaid, it was observed by learned Additional District Judge, Amritsar, that "as per rules also, the respondent has to lease out the property through public auction and that leasing out the property through public auction is for the benefit of the Municipal Corporation since the public auction is likely to fetch more auction amount." One Harvinder Singh, it appears primarily on the ground that Municipal Corporation, in violation of law, was going to allot the site for petrol pump by way of lease, without ' any public auction and, therefore, by secret negotiations, filed Civil Writ Petition No. 5217 of 1986. In the said writ petition, a letter of the Government dated 3rd December, 1986, Annexure P -3 was produced wherein it was mentioned that the matter regarding leasing out of the site for petrol pump outside Beri Gari Gate, Amritsar, was considered by the Government and it was felt that terms of auction need to be suitably revised if the site had to be auctioned. Accordingly, Committee, consisting of Commissioner, Municipal Corporation, Amritsar, Director, Local Government, Punjab, Chief Town Planner, Punjab was constituted to decide the issue and also the terms and conditions for the auction of the site. Once the letter aforesaid was produced in Court, wherein it was decided by the Government to settle the terms and conditions for the auction of the site, thereby excluding any other mode of lease, writ petition obviously became infructuous and was accordingly dismissed on 9th February, 1987.

(3.) When despite Sec. 172 of the Punjab Municipal Act, 1976, dealing, with disposal of property, and clause (c) thereof which enjoins that the consideration for which any immovable property may be sold, leased or otherwise transferred can not be less than the value at which immovable property could be sold, leased or otherwise transferred in normal and fair competition, as also in teeth of orders passed by the Civil Court and this Court on the basis of decision taken by the Government, it was transferred to the appellant, present writ petition came to be filed by Bhupinder Singh clearly alleging therein that the lease in favour of the appellant was abnormal and unfair as the same was kept secret which came to light only when the appellant started raising construction on the site in question. The action of the Municipal Corporation in leasing out the site, it was alleged, smacks of mala fide intention to favour an influential person in the locality.