( 1. ) THE petitioner-Shri Guruji Seva Nyas (hereinafter referred as the petitioner-trust) is a public trust registered under the provisions of Madhya Pradesh Public Trust Act, 1951, and has approached this Court raising a challenge to the cancellation order dated December 12, 2008, passed by indore Development Authority (IDA), respondent No. 2, with regard to plots Nos. A and B, situated in Scheme No. 54, indore. The facts.

( 2. ) AN advertisement dated March 23, 2007 was issued by IDA, inviting tenders for allotment of two plots, being plot no. A, measuring 4110 square meters, and plot No. B, measuring 4376 square meters, both situated in Scheme no. 54, Indore, which had been floated by IDA. Only Public trusts, Societies, registered under the Societies Registration act, Registered Companies or Cooperative Societies, so registered in the State, were to be treated as eligible for allotment of the said plots.

( 3. ) THE petitioner-trust claims that on April 7, 2007, it submitted an application for allotment of both the plots. Along with the application, as required, Rs. 10,00,000/-each, i. e. a total of Rs. 20,00,000/-, was deposited by it as earnest money. The tenders were submitted by the petitioner-trust , submitting the tender price at the rate of Rs. 5200/- per square meter. The aforesaid tenders were opened by IDA on april 10, 2007. There were a total of ten tenders. Since the tender submitted by the petitioner-trust was found to be highest, the same was provisionally accepted by IDA, subject to an approval to be granted by the State Government. According to the petitioner-trust, even the aforesaid approval was granted by the State Government on April 12, 2007, as required under Rule 19 of Madhya Pradesh Nagar tatha Gram Nivesh (Vikasit Bhumion, Grihon, Bhawanon tatha Anya Sanrachnaon Ka Vyayan) Niyam, 1975. On the aforesaid approval granted by the State Government, a formal allotment letter was issued by IDA on April 12, 2007, itself, for allotment of both the plots to the petitioner-trust. For plot No. A, a premium of Rs. 2,13,72,000/- was fixed, whereas for plot No. B, the premium fixed was rs. 2,27,55,200/ -.

( 4. ) THE petitioner-trust has pleaded that as per the conditions of allotment, the amount which was required to be deposited by it, was actually so deposited and up-to august 2007. A total amount of Rs. 3,26,92,085/-was deposited. Since there was a default for some payment, even penal interest for the aforesaid defaulting period was deposited. Consequently, two allotment letters, Annexures p-10 and P-11, were issued with regard to the aforesaid two plots by IDA to the petitioner-trust on August 26, 2007.

( 5. ) IT appears that some complaint was made by one k. K. Mishra to the Lokayukt, State of Madhya Pradesh, whereby a grievance appears to have been made against the aforesaid allotment of the plots to the petitioner-trust by ida. On receipt of the aforesaid complaint, the Lokayukt appears to have sought some explanation/response from IDA in the matter. It also appears from the record (as per the stand taken by the Lokayukt in the reply filed on its behalf)that IDA had furnished some explanations on June 30, 2007, january 18, 2008, March 19, 2008, April 23, 2008 and May 7, 2008. As per the reply filed on behalf of the Lokayukt, it also appears that the relevant record of IDA was made available for examination by the Lokayukt. However, the petitioner-trust has specifically pleaded, and the said fact has not even been disputed by the respondents, including the Lokayukt, that at no stage, the petitioner-trust had ever been issued any show cause notice in the matter, nor any opportunity had ever been provided to it, to appear and explain the allotment in question. Ultimately, on May 7, 2008, a communication was issued by the Lokayukt to IDA, issuing directions, to cancel the allotment of both the plots. The aforesaid communication issued by Lokayukt to IDA is available on record as Annexure R-3/1 with the repl