( 1 ) AS all the matters are interconnected on facts and as the common questions arise, they are being considered by this common judgment finally today, with the consent of the learned Counsel for the parties.

( 2 ) SPECIAL Civil Application No. 10477 of 2003 is preferred by one Rajesh thakorbhai Bhatt claiming to be a contractor who has been authorised to make construction. The short facts are that the borsad Municipal Corporation (hereinafter referred to as "municipality") wanted to make construction of 36 shops and as per the petitioner, plinth level construction was made by the Municipality and thereafter the additional construction was to be made but the Municipality was- in shortage of funds and, therefore, the offers were invited from the public at large and offer of the petitioner was ultimately accepted for construction of 36 shops. It is the case of the petitioner that he has paid Rs. 17 lac to the Municipality towards the construction of the shops upto plinth level plus Rs. 15 lac were paid to the municipality for permitting construction, in all Rs. 32 lac. It appears that thereafter on 16. 9. 1999, the proposal was submitted to the municipality for allow