RAMESH CHANCHAL Vs. TOWN IMPROVEMENT TRUST RATLAM

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner, who claims to be a Journalist, prays for a direction to respondent No. 1 to refund the amount of interest collected by it from the petitioner, by quashing the Resolution, Annexure-P/ 8.

(2.) A few fact may now be seen : Town Improvement Trust Ratlam, a statutory body incorporated under the provisions of Madhya Pradesh Town Improvement Trust Act, 1960, developed Scheme No. 20 - popularly known as 'Shastrinagar Colony', wherein the petitioner was also allotted a plot, after much correspondence and State intervention, as averred by him, subject to certain conditions stated therein. The letter of allotment has been filed as Annexure-P/1, to the petition.

(3.) It has been contended by the petitioner that respondent No. 1 could not charge interest from the petitioner when the matter about its fixation was pending before the respondents 1 and 2 and as the aforesaid correspondence between the respondents Nos. 1 and 2 indicates the price of the plot was to be settled as per decision of the Government. The petitioner contended that in no case the respondent No.1, could either demand of recover any interest on the price of the plot on mere allotment to the petitioner. Petitioner has also filed a copy of the Resolution, Annexure-P/ 11, regarding plot No. 93 in the same Scheme allotted to another city Journalist. It was also contended that respondent 1 had no authority to charge and recover interest. Lastly, it is urged that interest as accumulated, may be waived, as done in the case of other Journalist.