SHAHANI HOTEL RESORTS AND CHILDREN GARDEN Vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD & ANR

JUDGEMENT

(1.) The case of the petitioner-firm is that it applied to the Rajasthan State Industrial Development and Investment Corporation Ltd. (hereinafter "RIICO") on 30.06.2010 along with a demand draft of Rs.25,000/- for allotment of a plot admeasuring 30,000 sq. mtrs. situated at Ajaymeru Industrial Area at Palra, Ajmer for setting up a hotel. However, vide communication dated 26.07.2010, the petitioner's application along with the cheque amount of Rs.25,000/- was returned advising it to apply afresh when the area was opened for allotment by RIICO after providing basic infrastructure. It has been submitted that even while the petitioner was pursuing the matter with the Ministry of Industries, Government of Rajasthan, Jaipur aggrieved of the arbitrary return of its application for allotment of the plot aforesaid, vide advertisement dated 16.10.2010, published in Dainik Bhaskar Newspaper (Ajmer Edition), applications were invited by RIICO for allotment of the hotel plot in issue in Ajaymeru Industrial Area at Palra, Ajmer indicating a reserve price of Rs.2,000/- per sq. mtr. The petitioner states to have applied in pursuance to the said advertisement before the last date i.e. on 03.11.2010 making an offer of Rs.900/- per sq. mtr. in view of RIICO itself having vide order dated 17.07.2009 fixed the rate of development charges in the Ajaymeru Industrial Area at Palra, Ajmer at Rs.900/- per sq. mtr. It has been submitted that Ajaymeru Industrial Area at Palra, Ajmer is yet not fully developed and hence not saturated in the sense of 80% of the plots in the said area not having been yet allotted/sold. In the circumstances, it was incumbent upon the respondent-RIICO to make allotment in the area on the application received from the petitioner instead of seeking to auction the plots. A challenge has also been made to RIICO inviting application from the public at large for allotment of the hotel plot in issue without providing basic infrastructure on the grounds of such invitation being illegal, unconstitutional, perverse and arbitrary, as vitiated by alleged discrimination and generally being illegal and unwarranted.

(2.) In the circumstances, this petition has been filed with the prayer that the rejection of the petitioner's application for allotment of the plot vide communication dated 26.07.2010 be quashed and the subsequent invitation by RIICO from the public at large to submit bids vide advertisement dated 16.10.2010 for the plot in issue also be quashed.

(3.) Subsequent to the filing of the writ petition, an application for amendment of the writ petition has also been filed seeking to challenge the rejection of the petitioner's application made pursuant to the advertisement dated 16.10.2010 by respondent-RIICO under its communication dated 14.01.2011. Mr. Rajveer Sharma, appearing for the petitioner has further stated, without prejudice to his contentions, that the petitioner would be willing to pay Rs.2,000/- per sq. mtr. for plot in issue.