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He invited our attention to the recent pronouncement of this Court in the case of Amey Cooperative Housing Society Ltd. vs. Public Concern for Governance Trust, 2007(2) SCALE 405. In that case, the Advocate General of Maharashtra submitted regarding the status of the Shankaran Committee report that it was treated by the State Government to be a preliminary report only and not conclusive and that in the final cancellation order the only ground made was that the allotment had been made without calling for tenders and without resorting to the process of competitive bidding. Much argument was also advanced in regard to the allegations which have been made out in the counter affidavit before the High Court and in this Court. It is submitted that they were not made party in the show cause notice and were also not a part of the final order of cancellation which is impugned by the appellant in these proceedings. Mr. Vikas Singh further invited our attention to a Constitution Bench judgment of this Court in Mohinder Singh Gill vs. C.E.C, New Delhi reported in 1978 (1) SCC 405 wherein this Court held in para 8 that where an order is passed on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. It is also argued that the said Constitution Bench judgment of this Court has been followed in Union of India & Ors. vs. E.G. Nambudiri , 1991 (3) SCC 38, State Govt. Houseless Harijan Employees' vs. State of Karnataka & Ors. , 2001 (1) SCC 610, Pavanendra Narayan Verma vs. Sanjay Gandhi PGI Medical Sciences & Anr. , 2002 (1) SCC 520 and in Chandra Singh & Ors. vs. State of Rajasthan & Anr. , 2003 (6) SCC 545. Thus, the learned senior submitted that the CIDCO is trying to go beyond the terms of the show cause notice/final order of cancellation when admittedly CIDCO has affirmed other similar allotment and permitted them to continue construction inspite of the allotment being made to the other parties without inviting tenders.

Thus, from a conjoint reading of the Regulation and the Land Pricing and Land Disposal Policy of CIDCO, it is clear that the allotment of land could be done by considering individual application i.e. without inviting tenders. From the Land Pricing and Land Disposal Policy it is also clear that disposal of land under different category are to be considered differently. In the case of allotment of land for auditorium/multiplex, theatre complex to be developed in the private sector, it is prescribed that the land is to be allotted at reserved price and the method of disposal is on request at fixed rate failing which by competitive bidding thus, in the instant case there is no infirmity in the allotment because the same has been made on request at fixed rate at the reserved price. Such allotment is clearly permitted under Regulation and prescribed as the manner of allotment under the Land Pricing and Land Disposal Policy of CIDCO. Even CIDCO in their affidavit filed in the case of Sanjay Damodar Surve vs. State of Maharastra, being PIL No. 140/2004 as well as in the case of K.Raheja, (PIL No.45879/2003, 7637/2004) have stated on oath this very stand that they have the right to make allotment by considering individual applications in terms of the power vested on them under Regulation 4 of the New Bombay Disposal of Lands Regulations, 1975 and it is not understood why CIDCO is seeking to take a different stand in this matter by singling out the appellant.

Learned senior counsel further contended that this Court in the case of Corporation of the City of Bangalore vs. Bangalore Stock Exchange, reported in 2003 (10) SCC 212 has held that even in the case wherein cancellation of a lease was for a public purpose i.e. for a park and playground by a resolution of the corporation of the city of Bangalore, the same was set aside as there were no such rights reserved to the corporation to cancel the lease under the lease agreement. The appellant in the reply to show cause notice has also referred to judgments in Printers (Mysore) Ltd. vs. M.A. Rasheed & Ors. , 2004 (4) SCC 460 and Chairman & MD.BPL. Ltd. vs. S.P. Gururaja & Ors., 2003 (8) SCC 567 wherein also the allotment had been challenged on the ground that the same had been made without inviting tenders and the High Court had cancelled the allotment and this Court while reversing the order has held that if the Regulations of the Corporation empower the corporation to make allotment without inviting tenders then such allotment was clearly valid and no challenge to the same would be entertained on the ground that other persons could have been interested in applying for the allotment and that they had not been given opportunity to apply for the same. Clearly in terms of the two judgments referred to above, it could not be said that allotment made without issuance of tenders per se can be said to be bad or being opposed to public policy.

Learned senior counsel for the appellants further submitted that the impugned order violates the fundamental rights as guaranteed under Article 14 of the Constitution because in the similar allotments wherein also Dr. D.K. Shankaran had reported that the same had been done without inviting tenders and CIDCO has suffered huge losses running into crores, CIDCO has taken no steps to cancel those allotments and in fact construction on the said plots are continuing without any objection from CIDCO. Learned counsel for the appellant submitted that the appellant is clearly entitled to the same treatment i.e. of being allowed to take the advantage of allotment in his favour which according to the appellant is in accordance with the Regulations as well as Land Pricing and Land Disposal Policy as done in the case of others and that the hostile discrimination of singling out of the appellant in the matter clearly violates the fundamental rights of the appellant. In fact, learned counsel invited our attention to the similar allotments referred to by Dr. D.K.Shankaran where also huge losses have been reported by Dr. D.K. Shankaran and which allotments are being permitted to continue as under:-