G SAIBABA Vs. COMMISSIONER GADWAL MUNICIPALITY

JUDGEMENT

(1.) All the petitioners in these writ petitions are residents of Gadwal town. They are aggrieved by the proceedings of the first respondent dated 10.8.1999 whereby and whereunder the allotment of LIG/MIG plots made in favour the petitioners some time back were cancelled and a proposal to reauction the plots was mooted. As the background facts and the contentious issues are same, it is expedient to dispose of writ petitions by this common order.

(2.) With a view to improve infrastructure and facilities and to check migration from rural areas small and medium towns to bigger towns the Central Government sponsored Integrated Development of Small and Medium Towns (IDSMT) Scheme in 6th Five year plan in 1979-80. The Scheme envisages development of land with all facilities fit for construction of houses and also payment of grant by the Central government. In pursuance thereof, the first respondent Municipality took up IDSMT Scheme in Gadwal town and invited applications from interested persons. All the petitioners applied for LIG/MIG plots. The Conditions of allotment are binding on applicants as well as Municipality. Condition NO.5 reads as under:

(3.) a) The earnest Money Deposit, shall be remitted a Demand Draft on any scheduled bank in favour of Municipal Commissioner, Gadwal a/c IDMST-EMD The Demand Draft shall be crossed A/c. Payee and enclosed to the application. The earnest deposit will be refunded to the unsuccessful applicants within 30 days of announcement of allotment of plots. The Earnest Money Deposit will not carry any interest. b) In the case of successful applicant, the earnest money deposit paid along with the application shall be adjusted as part of the initial 25% payment to be made by him. c) The earnest money deposit once paid shall not be refunded under any circumstances except in cases of applicants who are not allotted the plots. d) The Excess amount if any compensation payable to the land owners as per court judgment should be borne by the allottees proportionately as per the plots owned by him.