MADAN MOHAN DAMMANI Vs. UIT BIKANER

JUDGEMENT

(1.) A piece of land measuring 7199 sq. ft. was leased out to the petitioner by the Urban Improvement Trust, Bikaner as per resolution No.3 dated 30.10.1969, for a period of three years @ Rs.250/- per month with effect from 1.7.1967. The term of lease expired on 30.6.1970, however, under an order dated 3.6.1972 lease was further granted for a term of ten years with effect from 1.7.1970, as the petitioner was having a license to install a petrol pump through M/s Burma Shell. The lease aforesaid was granted with a specific condition that the land leased out shall not be used for residential purpose or for any purpose other than the establishment of petrol pump, service station or other commercial activity.

(2.) The Collector, Bikaner by an order dated March 1, 1984 cancelled the permission granted for construction of the petrol pump at the land in question, thus, the petitioner preferred a petition for writ (SBCivil Writ Petition No.2259/1984) before this Court, which came to be accepted on 12.2.1986. This Court while accepting the writ petition aforesaid quashed the order passed by the Collector with liberty to the competent authorities to take appropriate action which may available to them as per law. In the meanwhile the license granted to the petitioner for having a petroleum product outlet dealership too came to an end, thus, the Urban Improvement Trust considered the entire matter afresh and on 7.8.2003 a resolution was undertaken to decide and dispose of the matter by private negotiations. The resolution undertaken by the Urban Improvement Trust was quashed by the State Government and entire matter was remitted to the Urban Improvement Trust for reconsideration. The Urban Improvement Trust in its meeting dated 7/8.1.2003 reiterated its stand and referred the matter to the State Government.

(3.) As per the petitioner the Secretary, Urban Improvement Trust, Bikaner under a communication dated 9.4.2008 recommended for allotment of land to the petitioner by private negotiations and the petitioner while entering into such negotiations shown his willingness to accept only 4740 sq. ft. of land out of 7199.5 sq. ft. of land under his possession. It is also stated that under a office note dated 18.2.2010 the Urban Improvement Trust, Bikaner referred the matter to the State Government seeking further guidance about determination of lease money as well as proposed fixed lease money. Though the decision in the terms aforesaid was taken at the level of Urban Improvement Trust, the Urban Improvement Trust refused to implement the same and referred the entire matter to the State Government afresh for reconsideration. With the factual background above, a direction is sought by the petitioner for Urban