M.Y.EQBAL, J. - (1.) THE petitioner has prayed for quashing the order dated 16.8.2003 issued by the Vice Chairman, Ranchi Regional Development Authority whereby settlement made in favour of the petitioner for collection of parking and entry fee of the Rock Garden has been cancelled.
(2.) THE respondent -Ranchi Regional Development Authority (RRDA) issued a general notice in the newspaper for settlement of various contract jobs including the job of vehicle parking and entry fee contract for Rock Garden. The petitioner 'scase is that he participated in the open bid and he was declared the highest bidder at Rs. 7,75,000/ -. The petitioner deposited 50% of the bid amount i.e. 3,87,000/ - and the rest was to be deposited in quarterly installment. It is stated by the petitioner that in terms of the agreement he repeatedly requested the respondents to execute the agreement but the respondent avoided to do the same rather verbally informed the petitioner that he has to deposit a Bank guarantee for the remaining amount. The petitioner 'scase is that he was allowed to collect the entry fee as well as the parking fee at the old rate from 1.4.2003. Thereafter vide letter dated 22.5.2003 the respondent RRDA informed the petitioner that the agreement shall be executed only upon fulfilling the other terms and conditions. The petitioner was served another notice dated 22.7.2003 calling upon him to show cause as to why he is not maintaining the Rock Garden and not doing cleaning work and further he failed to deposit the first quarter installment. The petitioner submitted his explanation/show cause stating inter alia that those work are not the part of the contract and petitioner is not suppose to maintain the Rock Garden. Thereafter the settlement was cancelled by the respondent vide letter dated 31.3.2003. In the counter affidavit filed by the respondent RRDA it is stated that the petitioner flouted the condition from the very beginning and insisted to increase the rate of entry fee and vehicle parking fee of the Rock Garden. The petitioner also started collection of entry fee and parking fee without agreement on and from 1.4.2001. It is stated that in order to increase the rate the respondent has considered the matter and decided to impose four conditions i.e. payment of half of the electric bills, cleaning of Rock Garden, deposit of bank guarantee and safeguarding the electric equipments. The petitioner did not accept the offer rather went on collecting entry fee and vehicle parking fee without agreement. It is further stated that a fresh public notice was issued inviting offers and commission mechanized swing and other such devices on different varieties at the Rock Garden. Amongst other the offer submitted by M/s. Panchawati Holiday Resort was found very satisfactory and they have agreed to invest 5 to 7 crores in installing musical fountain, water rites ropeway mechanized swing etc. As such on 5.8.2003 the authority decided in its meeting to enter into an agreement for the same which is in process.
(3.) I have heard Mr. Rajiv Ranjan learned counsel for the petitioner and Mr. Arbind Kumar Singh learned counsel appearing for the RRDA.;