JUDGMENT

N.P. Singh, J.-This appeal has been filed for setting aside the judgment of the High Court quashing the resolution dated 27.2.1981 of the respondent - Nagpur Improvement Trust (hereinafter referred to as the Trust) and directing the Trust to transfer the land in question to writ-petitioner/respondent (hereinafter referred to as the respondent) being the highest bidder.

2. The said Trust had framed a scheme known as "Central Avenue Scheme" and Plot No. 57 in circle No. 7/12 was leased out to C.P. Syndicate, Nagpur. However, the aforesaid C.P. Syndicate on 30.10.1957 transferred its right, title and interest in the lease-hold to the appellant No. 1, Laxmikant. The other appellants are brothers of appellant No. 1. One of the conditions imposed by the Trust in respect of the aforesaid lease was that the construction should start within four years from the date of the agreement of lease and it should be completed within three years thereafter. As this condition was not complied with, a notice was issued to the appellants alongwith other defaulters as to why the lease be not cancelled. Show cause was filed on behalf of the appellants which was accepted by the Trust on a condition