GURUJI SEVA NYAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner-Shri Guruji Seva Nyas (hereinafter referred as the petitioner-trust) is a public trust registered under the provisions of Madhya Pradesh Public Trust Act, 1951, and has approached this Court raising a challenge to the cancellation order dated December 12, 2008, passed by indore Development Authority (IDA), respondent No. 2, with regard to plots Nos. A and B, situated in Scheme No. 54, indore. The facts.

(2.) AN advertisement dated March 23, 2007 was issued by IDA, inviting tenders for allotment of two plots, being plot no. A, measuring 4110 square meters, and plot No. B, measuring 4376 square meters, both situated in Scheme no. 54, Indore, which had been floated by IDA. Only Public trusts, Societies, registered under the Societies Registration act, Registered Companies or Cooperative Societies, so registered in the State, were to be treated as eligible for allotment of the said plots.

(3.) THE petitioner-trust claims that on April 7, 2007, it submitted an application for allotment of both the plots. Along with the application, as required, Rs. 10,00,000/-each, i. e. a total of Rs. 20,00,000/-, was deposited by it as earnest money. The tenders were submitted by the petitioner-trust , submitting the tender price at the rate of Rs. 5200/- per square meter. The aforesaid tenders were opened by IDA on april 10, 2007. There were a total of ten tenders. Since the tender submitted by the petitioner-trust was found to be highest, the same was provisionally accepted by IDA, subject to an approval to be granted by the State Government. According to the petitioner-trust, even the aforesaid approval was granted by the State Government on April 12, 2007, as required under Rule 19 of Madhya Pradesh Nagar tatha Gram Nivesh (Vikasit Bhumion, Grihon, Bhawanon tatha Anya Sanrachnaon Ka Vyayan) Niyam, 1975. On the aforesaid approval granted by the State Government, a formal allotment letter was issued by IDA on April 12, 2007, itself, for allotment of both the plots to the petitioner-trust. For plot No. A, a premium of Rs. 2,13,72,000/- was fixed, whereas for plot No. B, the premium fixed was rs. 2,27,55,200/ -.