1 / 9 2025:CGHC:25000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2046 of 2023 Savita Sharma W/o Shri Gajendra Kumar Aged About 37 Years R/o Parsuram Nagar, Dadar Khurd, Korba, Tehsil And District Korba (C.G.) --- Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department of Urban Administration and Development, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Collector Korba, District Korba (C.G.) 3 - Municipal Corporation Korba Through Its Commissioner, District Korba (C.G.) --- Respondents WPC No. 2054 of 2023 Sharad Kumar Agrawal S/o Shri Lakhan Lal Agrawal Aged About 45 Years R/o M.P. Nagar, Behind Telephone Exchange, Korba, Tehsil And District Korba (C.G.) ---Petitioner Versus 1 - State of Chhattisgarh Through Its Secretary, Department of Urban Administration and Development, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Collector Korba, District Korba (C.G.) 3 - Municipal Corporation Korba Through Its Commissioner, District Korba (C.G.) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.26 14:04:16 +0530 2 / 9 --- Respondents WPC No. 2053 of 2023 Jayant Kumar Agrawal S/o Shri Lakhan Lal Agrawal Aged About 52 Years R/o M. P. Nagar, Behind Telephone Exchange Korba, Tehsil And District- Korba, Chhattisgarh ---Petitioner Versus 1 - State of Chhattisgarh Through Its Secretary, Department of Urban Administration and Development, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - Collector Korba, District : Korba, Chhattisgarh 3 - Municipal Corporation Korba Through Its Commissioner, District : Korba, Chhattisgarh --- Respondents WPC No. 2050 of 2023 Pulkit Paliwal S/o Late Shri Pawan Kumar Paliwal Aged About 36 Years R/o Ravi Shankar Shukla Nagar, Niharika, Korba, Tesil And District Korba (C.G.) ---Petitioner Versus 1 - State of Chhattisgarh Through Its Secretary, Department of Urban Administration and Development, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Collector Korba, District Korba (C.G.) 3 - Municipal Corporation Korba Through Its Commissioner, District Korba (C.G.) --- Respondents For Petitioners : Mr. Ratnesh Kumar Agrawal, Advocate For State : Mr. Nupur Trivedi, PL For Respondent No.3: Mr. Pankaj Agrawal, Advocate 3 / 9 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/06/2025 1. Since the common issue is involved in all the writ petitions, therefore, they are being heard and decided together by this common order. 2. These writ petitions have been filed against the resolution dated 31/03/2023, passed by the General Body of Municipal Corporation Korba by cancelling the allotment of the plots to the petitioners herein, who participated in the bidding process of Pandit Ravi Shanker Shukla Nagar (Extension) Korba, under the I.D.S.M.T. Scheme of Higher Income Group. Petitioners have raised bid for the following plots:- Name of the Petitioner Number of Plot & area Savita Sharma in WPC No.2046 of 2023 Plot No.96 (admeasuring size- 2324 Sq. Ft./216 Sq. Mtr.) Pulkit Paliwal in WPC No.2050 of 2023 Plot No.111 (admeasuring size- 2324 Sq. Ft./216 Sq. Mtr.) Jayant Kumar Agrawal in WPC No.2053 of 2023 Plot No.97 (admeasuring size- 2324 Sq. Ft./216 Sq. Mtr.) Sharad Kumar Agrawal in WPC No.2054 of 2023 Plot No.109 (admeasuring size- 2324 Sq. Ft./216 Sq. Mtr.) 3. The grievance of the petitioners is that though the petitioners have already deposited Rs.4,08,240/- (10% of the Bid Amount) to the office of Respondent No.3 on 08/02/2023 and after finalization of 4 / 9 the 07 bidders, the Commissioner instead of forwarding the bidding process relevant documents to the State Government for its approval, as per Rule 7 of the C.G. Municipal Corporation (Transfer of Immovable Property) Rules, 1994 (hereinafter referred to as the Rules, 1994) has forwarded the same by placing it before the General Body of Municipal Corporation Korba, which is against the s Rule/Act and without the authority of law. Thereafter, on 31/03/2023 the General Body of Municipal Corporation, Korba has passed a resolution by cancelling the complete bidding process without any rhyme and reason. Hence these petitions. 4. Learned counsel for the petitioners would contend that the impugned resolution passed on 31/03/2023 by the General Body of Municipal Corporation, Korba is illegal, perverse and arbitrary in nature because Rule 7 of the Rules, 1994 read with Section 80 of the Act, 1956 are not complied with and there is no such provision for placing it before the General Body of Municipal Corporation, Korba and the petitioners being highest bidders cannot be deprived with the right. He would next contend that the jurisdiction suffers from basic illegality or passed in contravention of the established principles of law, therefore, the instant petitions may be allowed. 5. Per contra, learned counsel for the Respondent No.3 would submit that as per the provisions of Section 80 of C.G. Municipal Corporation Act, 1956 the matter has to be sent for Mayor-in- Council and General Body before sanction of Government, 5 / 9 therefore, the said procedure was followed and there is nothing wrong in following the procedure and the instant writ petition is not maintainable. 6. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 7. Perusal of the documents would show that Respondent No.3 has invited tender for the plots under the I.D.S.M.T. Scheme of Higher Income Group and the petitioners have participated in the bidding process of Pandit Ravi Shanker Shukla Nagar (Extension) Korba, under the aforesaid I.D.S.M.T. scheme and the petitioners have raised bid for the aforesaid plots mentioned in para 2 of this order, and 07 bidders were selected /finalized and the petitioners have deposited 10% of the Bid amount. The Commissioner has forwarded the matter to the MIC and MIC recommended to put the matter before the General Body of Municipal Corporation, Korba and the General Body has taken a decision on 31st March, 2023 for cancelling of proposal made by the Commissioner. 8. Section 80 of the C.G. Municipal Corporation Act, 1956 and Rule 7 of the Rules, 1994 are reproduced hereinbelow:- 80. Provisions governing the disposal of municipal property or property vesting in or under the management of Corporation. (1)No streets, lands, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in 6 / 9 accordance with such rules, as may be made in this behalf. (2)Subject to the provisions of sub-section (1)-(a)the Commissioner may, in his discretion, grant a lease of any immovable property belonging to the Corporation, including any right of fishing or of gathering and taking fruit, flowers and the like, of which the premium or rent, or both, as the case may be, does not exceed five hundred rupees for any period not exceeding twelve months at a time :Provided that every such lease granted by the Commissioner, other than the lease of the class in respect of which the Mayor-in-Council has by resolution exempted the Commissioner from compliance with the requirements of this proviso, shall be reported by him to the Mayor-in-Council within 15 days after the same has been granted;(b)with the sanction of the Mayor-in-Council, the Commissioner may by sale or otherwise grant a lease of immovable property including any such right as aforesaid, for any period not exceeding three years at a time of which the premium or rent or both, as the case may be, for any one year does not exceed three thousand rupees;(c)with the sanction of the Corporation the Commissioner may lease, sell or otherwise convey any immovable property belonging to the Corporation. (3)The Commissioner may-(a)in his discretion dispose of by sale, letting out on hire or otherwise, any movable properly belonging to the Corporation not exceeding five hundred rupees in value;(b)with the sanction of Mayor-in-Council, 7 / 9 dispose of by sale, letting out on hire, or otherwise any movable property belonging to the Corporation not exceeding five thousand rupees in value;(c)with the sanction of the Corporation, sell, let out on hire or otherwise convey any movable property belonging to the Corporation.(4)The sanction of the Mayor-in-Council or of the Corporation under sub-section (2) or sub-section (3) may be given either generally for any class of cases or specifically in any particular case.(5)The foregoing provisions of this section shall apply to every disposal of property belonging to the Corporation made under or for the purpose of this Act :Provided that-(i)no property vesting in the Corporation in trust shall be leased, sold or otherwise conveyed in a manner that is likely to pre- judicially affect the purpose of the trust subject to which such property is held;(ii)no land value of which may be prescribed shall be sold or otherwise conveyed without the previous sanction of the Government and every sale, or other conveyance of property vesting in the Corporation shall be deemed to be subject to the conditions and limitations imposed by this Act or by any other enactment for the time being in force. Rule 7. For the purpose of proviso (ii) of sub-section (5) of Section 80 "the value of land exceeding [Rupees five lakhs] is prescribed in case the resolution is passed by the Corporation, in this respect the Commissioner shall forwarded the proposal 8 / 9 to the State Government with the following informations :- (1)Nature of the property, Le. Land. Shop, Building etc. (2)Area of such property along with its site plan.(3)In case of land is acquired/purchased by the Corporation, the purpose for which it was acquired/purchased be shown.(4)The purpose for which such land/property is earmarked in the city Master Plan. (5)For what purpose the property is being used at present. (6)The purpose for which such property shall be used by the person whose bid/offer has been recommended for acceptance. (7)In case of building/shop, the cost of construction and the date of completion of its construction.(8)The date of publication of notice in the local newspapers, and the date of auction sale or the last date fixed for the receipt of offers, as the case may be.(9)Upset price/market value determined for Auction/Sale/Sealed Offers.(10)Condition of Auction Sale Offers.(11)The total number of person participated in the auction sale/the total number of offerers who tendered their offers.(12)The names of the first two highest bidders/offerers and the amount of auction sale/offer price as quoted by them. 9. In these cases, without giving any opportunity of hearing to the petitioners on 31st of March, 20023 and without assigning any reasons, the Corporation has cancelled the allotment of the petitioners. Accordingly, the resolution/order dated 31st March, 2023 passed by the General Body of Municipal Corporation Korba is set aside. The Municipal Corporation, Korba is directed to forward the 9 / 9 matter/proposal as per Rule 7 of the Rules, 1994 before the State Government for consideration of the case of the petitioners within a period of 60 days from the date of receipt of copy of this order. 10. Accordingly, all the petitions stand allowed to the extent indicated above. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu