ABHIMANYU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This writ petition has been filed as Public Interest Litigation by the petitioner No. 1 along with two others, inter alia, on the allegations that sometime between 1988 to 1990 the Municipal Corporation, Singrauli constructed approximately 62 residential flats in Nav Jeevan Vihar in Singrauli District. Similarly, in order to provide housing accommodation to needy and weaker sections of the society, during the aforesaid period 120 Lower Income Group (LIG) quarters having an area approximately 540 sq.ft. each were constructed by Special Area Development Authority (SADA). It is alleged in the writ petition that Municipal Corporation, Singrauli incurred cost of approximately Rs. 85,000/- on account of construction of flats whereas Special Area Development Authority incurred the cost of Rs. 40,000/- on account of construction of said Lower Income Group quarters. It is alleged that the construction work of residential flats and Lower Income Group quarters was of very poor quality and, therefore, nobody was prepared to purchase the aforesaid flats and Lower Income Group quarters.

(2.) Sometime in the year 1994-95 the Lower Income Group quarters were sold to persons belonging to economically weaker sections of the society. In the year 1999 the residential flats constructed by the Municipal Corporation, Singrauli were let out on monthly rent of Rs. 550/- to 51 members of Vindhya Nagar Shivaji Complex Residents Society, a society registered under the provisions of M.P. Society Registrikaran Adhiniyam, 1973. However, members of the said association learnt that Municipal Corporation, Singrauli has passed a resolution on 18-6-2009 to sell the residential flats in question in an open auction and upset price of the flat was - fixed at Rs. 1,69,500/- . The petitioners thereupon submitted a representation in which it was stated that residential flats in their occupation, as tenants, be sold to them by granting them the facility of payment of sale consideration in instalments, as was done in the case of Lower Income Group quarters. However, without considering the representations submitted by the petitioners, a notice dated 28-8-2009 was issued by which the date of auction of the flats was fixed on 17-9-2009 and upset price of the flat was fixed at Rs. 2.34 lacs. In the aforesaid factual backdrop the petitioner No. 1, who claims to be the President of the Vindhya Nagar Shivaji Complex Residents Society, along with two others who are members of the society in the instant writ petition has sought the relief of quashing of resolution dated 18-6-2009 (Annexure-P-4) as well as notice (Annexure-P-7) dated 28-9-2009, by which auction of flats in question was scheduled to be held on 17-9-2009.

(3.) Respondents No. 2 and 3 have filed return in which, inter alia, it is contended that the instant writ petition cannot be treated as Public Interest Litigation as individual grievances have been set forth in the writ petition. It has further been averred that flats in question and the Lower Income Group quarters were constructed under different schemes and, therefore, the plea of the petitioners that they are entitled to allotment of residential flats on the same rate is devoid of any merit.