KAMLAKAR DESHPANDEY Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner before this Court has filed this present petition being aggrieved by an allotment order dated 30.09.2010 issued by the Estate Officer of Indore Development Authority by which certain terms and conditions have been imposed in the matter of allotment of plots to the petitioners.

(2.) IN the present case, the petitioners before this Court have purchased a piece of land in a colony known as 'Vardan Nagar' Village-Sirpur, Indore by a registered sale deed executed in their favour by the landlord-Prabhakar Adsule, as the colony was being developed by Prabhakar Adsule and the Prabhakar Adsule purchased the plot from M/s Princes Usha Trust in the year 1972 through a registered sale deed. The Indore Development Authority framed a scheme i.e. Scheme No.71 and the scheme included the plots belonging to the petitioners as well as the area belonging to M/s Princes Usha Trust and as the area was under the Scheme No.71 framed under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, the acquisition proceedings were initiated.

(3.) THE petitioners have further stated that thereafter, a resolution was passed by the Indore Development Authority on 25.01.2000 and it was resolved to allot the plots to all those persons whose land has been acquired by the Indore Development Authority. It was also resolved to charge for the area @3017/- per square meter along with interest @15%. Petitioners' contention is that they were entitled for allotment of plots in the year 2000 when the resolution was itself passed, however, it was the Indore Development Authority, which has delayed the matter.