The said Trust had framed a scheme known as Central Avenue Scheme and plot No.57 in Circle No.7/12 was leased out to C.P. Syndicate, Nagpur.
However, the aforesaid C.P. Syndicate on 30.10.1957 transferred its right, title and interest in the lease hold to the appellant No.1, Laxmikant.
As there was a default on the part of the appellants, the allotment of the plot was cancelled on 11.1.1972.
There is numberdispute that the third round of bid companyld number be held.
The writ petition W.P.No.102 of 1974 filed on behalf of the appellants was admitted on 11.3.1974.
Again representations were filed before the Trust but the plot in question was put on auction on 21.1.1974.
But before the third round of the bid companyld be held an order staying the auction was received.
As this companydition was number companyplied with, a numberice was issued to the appellants alongwith other defaulters as to why the lease be number cancelled.
Thereafter, a meeting of the Board of the Trust was held on 27.2.1981 to companysider the question as to whether the highest bid of the respondent be rejected and the plot be reinstated in favour of the appellants.
The respondent participated at the said auction and offered Rs.3,12,000/ and he was the highest bidder till the second round of the bid.
However, the respondent deposited an amount of Rs.31,200/as an earnest money as per companyditions of the auction.
Show cause was filed on behalf of the appellants which was accapted by the Trust on a companydition that the appellants should make the companystruction on the plot on or before 30.6.1971.
One of the companyditions imposed by the Trust in respect of the aforesaid lease was that the companystruction should start within four years from the date of the agreement of lease and it should be companypleted within three years thereafter.
P.SINGH, J. This appeal has been filed for setting aside the judgment of the High Court quashing the resolution dated 27.2.1981 of the respondent Nagpur Improvement Trust hereinafter referred to as the Trust and directing the Trust to transfer the land in question to writ petitioner respondent hereinafter referred to as the respondent being the highest bidder.
The other appellants are brothers of appellant No.1.
