SHANTANU KEMKAR, J.

( 1. ) THIS order shall govern disposal of Writ Petition No. 14078/2010, Writ Petition No. 14075/2010, Writ Petition No. 14096/2010, Writ Petition No. 14152/2010, Writ Petition No. 14077/2010 and Writ Petition No. 14094/2010.

( 2. ) The Writ Petition No. 14078/2010 is at the instance of Dr. Sajni Bajaj, who was allotted a plot in Sector-B, Scheme No. 71, Indore by the Indore Development Authority (for short, the IDA) and in whose favour a lease deed was executed by the IDA. Rest of the writ petitions are at the instance of owners/occupants of various shops, which were sold to them by the holder of power of attorney of the lessee of the said plot, after raising construction On it. This is the fourth round of writ petition for the lessee of the said plot and third round for the owners/occupants of the shops. For the sake of convenience, the facts are taken from Writ Petition No. 14078/2010.

( 3. ) Briefly stated, the writ petitioner was allotted a piece of land admeasuring approximately 3238.96 sq. meter on lease for 30 years by the IDA in aforesaid scheme framed by the IDA under section 50 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short, the Adhiniyam). As per allotment order dated 23-6-1995 (Annexure P/3) and the lease deed dated 25-9- 1996 (Annexure P/5) executed between the petitioner and the IDA, the allotment was for the use of it, for a Big Hospital with modern facilities. Apart from constructing a Hospital, a condition was imposed in the lease deed, requiring the lessee to provide in the building medical stores, PCO, Canteen and other necessary facilities for the patients and for the hospital in the building.

( 4. ) According to the IDA, the petitioner did not construct the hospital on the said piece of land and instead constructed large number of shops for commercial purposes and sold the same. Thus, as per the IDA, by changing the land use from 'Big Hospital' to 'Commercial', the petitioner had breached the condition of lease. In the circumstances, the IDA passed an order dated 5-4-2005 (Annexure P/14), cancelling the allotment order dated 23-6-1995 issued and the lease deed dated 25-9-1996 executed in favour of the petitioner with direction to the petitioner to handover the vacant possession of the land to the Executive Engineer of the IDA, with a further direction to the Executive Engineer to take necessary steps for taking possession of the land from the petitioner.

Aggrieved by the said order dated 5-4-2005 (Annexure P/14) passed by the IDA, the petitioner filed a Writ Petition No. 531/2005. The learned Single Judge held that since the IDA has passed the impugned order, without following the due procedure of law and in complete violation of the principles of natural justice, as neither the original lessee Dr. Sajni Bajaj nor other occupants were even heard in the matter before passing the impugned order of cancellation of lease, the action of the IDA is illegal. As a result, the learned Single Judge vide order dated 28-11-2007 allowed the writ petition and quashed the order dated 5-4-2005 passed by the IDA. However, the learned Single Judge granted liberty to the IDA to pass a fresh order, if so desired, by issuing a show cause notice, at the first instance, to lessee Dr. Sajni Bajaj and occupants, who are in actual possession of the constructed building, indicating the reasons, on which the lease in question is proposed to be terminated/cancelled. The IDA was also directed to provide an opportunity of hearing to the representatives of the lessee/occupants.

( 5. ) In compliance to the said order dated 28-11-2007 passed by this Court in Writ Petition No. 531/2005, the IDA issued a notice dated 29-5-2010 (Annexure P/16) to the petitioner and her power of attorney holder. Thereafter, the Chief Executive Officer of the IDA passed an order on 3-7-2010 (Annexure P/18), cancelling the allotment order dated 23-6-1995 and the lease deed dated 25-9- 1996 executed in favour