(1.) This writ petition is directed against the demand notice dated 28-6-2008 (Annexure P-8) issued by the respondents demanding the transfer fee of Rs. 1,07,650/-.
(2.) Petitioners had purchased plot No. D-35-HIG Colony (Chhoti Khajrani), Indore by registered sale deed dated 30-3-2007 from its previous owner Smt. Nirmal Kumari Bahari and made an application dated 27-3-2008 to respondent Housing Board for transferring plot in their favour. The public notice was got published by the petitioners on 15-5-2008 and an amount of j?s. 600/- was deposited on 21-5-2008 as lease rent. The respondents thereafter issued notice dated 28-6-2008 requiring the petitioner to deposit the transfer fee of Rs. 1,07,650/-. The said notice was issued on the basis of the circular dated 6-5-2008, by which the transfer fee for the residential property was enhanced from 1% to 3% of'the sale price. Being aggrieved with the notice dated 28-6-2008, the petitioners have filed the present writ petition.
(3.) The writ petition has been opposed by the respondents by taking the plea that the transfer fee has been demanded from the petitioner on the basis of the lease conditions, Collector guidelines and the relevant circular, therefore, the demand of fee is in accordance with law.