(1.) The petitioner is society registered under the Madhya Pradesh Societies Registration Act. 1973. The member of the Society belongs to Khatik Community which is one of the scheduled castes. The Society has been constituted for the purpose of charitable activities and construction of a Dharmashala for the benefit of the members and persons belonging to the Khatik community is one of the objects of the Society.
(2.) The petitioner-Society requested the Mayor of the Indore Municipal Corporation, Indore (hereinafter referred as 'Corporation') by writing a letter dated 15-6-1984 for allotment of land for the purpose of construction of a Dharmashala. The request for allotment of a specific land bearing survey No. 8519 lying between shops No. 18 to 25 of Vegetable Market (Bozanquest Market) and the Dutt Temple near Krishnapura Chahatris. This request of the petitioner-Society was placed before the Standing Committee of the Corporation. The Standing Committee called for the opinion of the Commissioner on it and the Commissioner opined that a shade of the cattle pond (kondwada) is standing on the land. Obviously, the Commissioner was not in favour of grant of lease of the land to the petitioner-Society
(3.) Ultimately, on 4th March, 1985 the then Mayor of the Corporation passed an order in purported exercise of powers under Sec. 25(2) of the Madhya Pradesh Municipal Corporations Act, 1956 (hereinafter referred as the 'Act') directing the Commissioner of the Corporation to execute a lease deed in favour of the petitioner-Society after getting the upset price and the lease rent determined by the City Engineer and getting money deposited from the petitioner society. This order of the Mayor has been annexed to the petition as Annexure P/4.