LAWS(MPH)-2002-7-94

VISHVESHWARAIYA RAJDHANI Vs. STATE OF M P

Decided On July 04, 2002
Vishveshwaraiya Rajdhani Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner, a registered cooperative housing society, seeking the writ of certiorari for quashing the order of the State Government, Department of Revenue dated 23.8.1981 (Annexure P-10) demanding a premium of Rs. 1,07,81,100/- and fixing the ground rent at Rs. 1,34,764/- per annum.

(2.) PETITIONER submits that respondent No. 1 State of M.P. is regularly providing land for the development of plots to the cooperative housing societies in the capital project area of Bhopal as per order Annexure P-2 dated 16.8.1983, four acres of land was reserved for allotment to the petitioner-society. Further 1-1/2 acres of land was reserved as per order Annexure P-3 passed on 26.6.1984. Petitioner-society asked for the advance possession of the reserved land on 22.9.1984 which was not handed over. Petitioner submitted letter to the Director, Town & Country Planning Department for the approval of the lay out plans of the reserved land alongwith letter dated 30.1.1985. As the advance possession was not handed over, Department of Town & Country Planning did not approve the lay out plans. Members also did not deposit the money with the society as the advance possession was not handed over. Another society namely 'Madhya Railway Karmachari Grih Nirman Sahkari Sangh, Bhopal' was allotted 11.30 acres in the year 1984; advance possession was given; allotment was made in June, 1984; premium of Rs. 2,88,280.20 paisa was fixed for 11.30 acres of land and the yearly rent was fixed at Rs. 14,414.05 paisa. Petitioner's case was kept pending till 1989; the respondents did not take active steps to assess the premium, lease rent or to issue the allotment order. Initially the premium was assessed at the rate of Rs. 12/- per sq.ft. In the year 1989 a representation was filed to handover the advance possession; order of allotment P-10 has been issued in the year 1991 making allotment at the rates which were prevailing in the year 1991. The action of the respondents is discriminatory. Petitioner requested for reconsideration of rates but his representation has been rejected by a non-speaking order dated 13.9.1992 (Annexure P-15).

(3.) SHRI Vivek Pandey, learned counsel appearing for the petitioner/ submits that it was owing to fault on part of respondents that advance possession was not handed over and allotment was made in the year 1991, thus, the allotment should have been made at the rate prevailing in the year 1984-85. It is a case of discrimination also inasmuch as cooperative housing society of railway employees was allotted in the year 1984; the adjoining land at the lesser rates and the land has been allotted to the petitioner's housing society at a higher rate. Thus, the action is violative of Article 14 of Constitution of India.