BHUPENDRA SINGH Vs. GWALIOR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Present petition has been preferred, under Article 226 of the Constitution of India, assailing the advertisement dtd. 11/5/2015, whereby respondent/GDA has advertised a plot situated at Mahadji Nagar Awasiya Yojna, in which earlier in the year 2000 the petitioner had applied for allotment of a plot and even though he had deposited the requisite amount and respondent/GDA had informed him that he would be allotted the plot soon, but due to some litigation pending in the Civil Court the said plot was not allotted to the petitioner and later on it was informed that the area in which the plot was situated was never acquired by the GDA.

(2.) Learned counsel for the petitioner submits that alleging deficiency in service, the petitioner had earlier preferred an application/objections before the Consumer Forum, Gwalior which was registered as Case No. 260/06, in which, vide order dtd. 11/9/2006, though the application of the petitioner was dismissed, but it was clarified that option to the petitioner for opting some plot in another scheme or for refund of the amount is still open. In the light of the aforesaid option, though the petitioner has applied for grant of plot in some other scheme vide application dtd. 7/2/2013, but vide letter dtd. 2/6/2015 it was informed to him that Plot No.107 which was earlier reserved for him falling in Survey No. 303 of Village Chirvai has not been acquired for the GDA, therefore, the said plot cannot be allotted to him. As on today, on the application preferred by the petitioner, no plot in any other scheme has been allotted to him. Thus, he was constrained to move the present petition.

(3.) None has appeared for the GDA even after service of notice.