JAGDISHBHAI M KAMALIA Vs. BHAVNAGAR MUNICIPAL CORPORATION

JUDGEMENT

(1.) By way of public interest litigation, the petitioners who are tax payers and residents of City of Bhavnagar have approached this Court to draw attention of this Court to certain irregularities committed by the respondent authorities in the matter of grant of lease in respect of a plot bearing Survey No. 2557/A situated near Old Talaja Road in the City of Bhavnagar which has resulted into financial loss to Bhavnagar Municipal Corporation. The petitioners have submitted that they are engaged in social as well as cultural activities and they want to see that valuable land belonging to Bhavnagar Municipal Corporation (hereinafter referred to as the Corporation) is not unlawfully or irregularly disposed of in favour of legal heirs of late Shri Vajubha Hathisinh Gohil.

(2.) The facts giving rise to the petition in a nutshell are as under : Erstwhile Bhavnagar Municipality (now Bhavnagar Municipal Corporation and referred to hereinafter as the Municipality) wanted to dispose of the plot referred to hereinabove on lease for a period of 99 years and, therefore, an auction was held on 7th November, 1951. Along with other three persons, late Shri Vajubha had participated at the said auction and had ultimately given the highest bid of Rs. 360/- which was one-time .premium to be paid in respect of the lease of the plot in question. Out of the said amount of Rs. 360, 3/4th of the amount, namely, Rs. 270/-, was paid by late Shri Vajubha on 7th November, 1951 and the remaining l/4th of the premium was to be paid by him within one month from 7th November, 1951. Original writing executed by late Shri Vajubha reveals that he had further agreed to the effect that, if the remaining amount was not paid within one month from 7th November, 1951, it was open to the Muncipality to forfeit the amount deposited by him. He had also stated in the said document that possession of the plot in question was to be given to him only upon payment of the entire amount of premium.

(3.) In spite of the execution of the writing referred to hereinabove, late Shri Vajubha did not make payment of remaining amount of premium within the time prescribed and, the refore, he had given an application to the Standing Committee of the Municipality on 14.2.1952 requesting the Municipality to grant further time of three months for paying the unpaid amount of Rs. 90/- as he was a retired soldier and he was not having sufficient funds to pay the said amount. Thereafter late Shri Vapibha had executed writing in the nature of an undertaking on 14th February 1952 giving an assurance to the Municipality that the remaining amount of the lease premium would be paid within three months.