IMPORTANT POINT
Adherence to statutory requirements, such as reservation criteria, and the importance of safety measures in construction projects.

ORDER

Ramesh Sinha, J.

1. By the instant petition, the Petitioners seek the following reliefs:

“1. That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the construction of multilevel parking and calling of tender for allotment of shop.

2. That, this Hon’ble Court may kindly be pleased to issue an appropriate Writ/Order/Direction to quash the impugned tender notice and subsequent proceedings issued for allotment of shops in the multilevel car parking.

3. That, this Hon’ble Court may kindly be pleased to issue an appropriate Writ/Order/Direction to conduct a Fire and Safety Audit for the Building Complex before allotting the shops.

4. That, this Hon’ble Court may kindly be pleased to issue an appropriate Writ/Order/Direction to the Board of Directors of the Bilaspur Smart City Limited to implement reservation criteria as provided in Rule 8 of the Chhattisgarh Municipal Corporation (Transfer of Immovable Property) Rules, 1994, while implementing the object of the impugned tender.

5. That, this Hon’ble Court may kindly be pleased to issue an appropriate Writ/Order/Direction to Department of Home to constitute a Higher Power Committee in the Chairman any farmer DGP of the State to assess the security concern in a time bound manner due to construction of multilevel car parking building in the City Kotwali Premises.

6. That, this Hon’ble Court may kindly be pleased to issue an appropriate Writ/Order/Direction to implement such security measures which may be suggested by the High Power Committee for addressing the security concern of the police station and if the same could not be remedied then demolish the structure.

7. That, this Hon’ble Court may be pleased to pass any other order/relief that this Hon’ble Court may please deem fit and proper in the facts and circumstances of the case including grant of cost of the instant litigation.”

2. Facts of the case, in brief, are that the Respondent 3/Bilaspur Smart City Limited (BSCL) made a plan to build a Multi Level Car Parking Building in the main market of Bilaspur and identified the land of Home Department situated in the premises of City Kotwali Police Station, Bilaspur. Initially, the Home Department was averse to the idea of allowing a multi storied construction in the police station premises and as per media information the Inspector General of Police had even objected to the same. However, later, the construction was conceded to and demand of the BSCL was allowed for the construction of car parking. The design, map and construction, everything was done for the creation of a multi level car parking. However, at much later stage, an idea of converting the ground floor of the same into 46 shops came in the mind of the officials of the BSCL. For converting the ground floor of the car parking building, walls have been erected in the manner that it has completely blocked the ventilation of the building. Moreover, the shops have been created by erecting steel divider which clearly shows that the building complex has not been designed and built as a shopping-cum-car parking complex, but, merely as a car parking building. No light and air is coming and thus the building has become very risky in terms of fire hazards. No map has been approved showing 46 shops in the complex (Annexure P1). The BSCL invited a tender on 9.2.2024 for allotment of shops in the City Kotwali Multi Level Car Parking. As per the schedule programme, last date for submission of the application for the same was 24.2.2024 5:00 p.m., whereas the last date for submission of tender (financial bid) (Annexure P2) was mentioned as 4:00 p.m. of 27.2.2024. The submitted bid was to be opened by 5:15 p.m. of 28.2.2024. The terms and conditions attached with the said tender form clearly state that the BSCL is an organisation for the time being whereas after its dissolution all assets and liabilities would belong to the Municipal Corporation Bilaspur. The said terms and conditions show that there is n