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2024 Supreme(Online)(CG) 3821

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Reserved for Order on : 13.10.2023 Order Passed on : 29/01/2024 WPC No. 784 of 2023

1- Madhu Memorial Hospital Limited, 63, Motilal Nehru Nagar, Bhilai, a registered Company registered Under Companies Act, 1956, Through Its Director Veenu Jain, S/o. Late Balwant Rai Jain, aged about 63 years, R/o. 63, Motilal Nehru Nagar, Bhilai, District :

Durg, Chhattisgarh ---- Petitioner Versus

1- State of Chhattisgarh, Through the Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

2- Municipal Corporation Bhilai, Through Its Commissioner, Bhilai, District : Durg, Chhattisgarh ---- Respondents For Petitioner : Mr. Ashish Shrivastava, Sr. Advocate with Mr. Aman Pandey, Advocate For Respondent No.1 : Ms. Richa Shukla, Dy. Govt. Advocate For Respondent No.2 : Mr. H.B. Agrawal, Sr. Advocate with Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Parth Prateem Sahu

C A V ORDER

1. Facts relevant for disposal of this petition are that petitioner is a company registered under the Companies Act, 1956 and incorporated with a view to establish hospital to provide modern medical facilities to the people of Chhattisgarh region. Petitioner company has taken a decision to establish 200 bedded hospital with an estimated cost of Rs.1252 lakhs. With the report prepared for establishing hospital, petitioner approached Special Area Development Authority, Bhilai (In short ‘SADA’) constituted under M.P./C.G. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (Hereinafter referred to as “the Adhiniyam, 1973”) for allotment of land vide its application dated 23.03.1991. The application submitted by petitioner was considered by SADA in its meeting dated 23.07.1992 and decision was taken to allot 10 acres of waste and undeveloped land to petitioner on payment of Rs.21.78 lakhs as premium and 5% as ground rent. Petitioner accepted the terms, registered lease agreement was executed in favour of petitioner on 28.02.1994. The State Government upon receiving some compliant, took decision to enquire into the allotment of land to educational and charitable institutions and for that purpose appointed Shri Jagatpati, I.A.S., as one member of Enquiry Committee. The Committee while enquiring the complaint along with allotment to others also examined the lease agreement dated 28.02.1994 of petitioner, gave adverse report. State Government pursuant to the report submitted by Committee, directed for cancellation of lease granted to petitioner, which was unilaterally implemented. Show cause notice was issued to petitioner by the erstwhile State of Madhya Pradesh, which was put to challenge in the writ petition bearing MP No. 3996 of 1996 before High Court of Madhya Pradesh, which was decided on 28.02.2000. The High Court of Madhya Pradesh directed the respondents therein to take a decision after receiving reply to the show cause notice within specified time. Petitioner thereafter submitted reply to show cause notice and decision was taken on 10.05.2001 setting aside the order passed by the SADA dated 30.11.1992 and successor of SADA i.e. respondent No.-2 -Municipal Corporation, Bhilai was asked to proceed further. The order dated 10.05.2001, cancelling lease agreement, was put to challenge by petitioner before this Court in WP No.877 of 2001. Interim relief to petitioner was granted on 17.05.2001 of maintaining status-quo. Aforementioned writ petition was decided on 21.07.2010, whereby the order dated 10.05.2001 was set-aside and respondents therein was directed to reconsider the matter afresh and to pass orders in accordance with law on its own merits. Further observed that, State Government to proceed in accordance with law after considering the reply of petitioner. The State Government i.e. the Deputy Secretary, Urban Administration and Development Department observing that two others hospital i.e. Chandulal Chandrakar Memorial Hospital and Gurunath Hospital were also allotted the land similar to petitioner and further considering that many other persons were allotted the land only on the basis of application and further considering the case of petitioner to be of similar to that of Chandulal Chandrakar Memoraial Hospital and Gurunath Hospital, Economic Offence Wing (EOW) in its enquiry has not found any mistake while maintaining the order of allotment directed to add three more conditions in the conditions of lease agreement for the land already allotted to petitioner vide order dated 19.11.2010. The State Government issued a letter on 20.05.2013 to Commissioner, Municipal Corporation, Bhilai, the successor of SADA to execute and register the lease agreement pursuant to the order dated 19.11.2010 and its letter dated 06.02.2012 , with additional new conditions and to inform the State Government. The Municipal Corporation, Bhilai wrote letter to the State Government seeking certain clarification which was also replied by the Stat

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