SADHANA AGRAWAL Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India filed by the petitioner who have made a grievance against the arbitrary dealings of the Indore Development Authority vis a vis the petitioners and others who are the prospective purchasers of flat in Navlakha Complex constructed by the Indore Development Authority in its Scheme No. 31.

(2.) The petitioners have stated in the opening paragraph of their petition that they have filed this petition not only in their personal capacity as aggrieved parties but also in the capacity of representatives of over 100 other persons aggrieved by the very same conduct/decision/orders of Indore Development Authority, who attended and participated in meetings of such persons as per list Appendix 'A' appended to the petition and have desired to file and support the petition and also in the capacity of responsible citizens agitating against wrongs by a public body and authority, in the public interest. The petitioners have prayed that this petition be treated as a public interest petition for protection of interests of the public and of a large class of persons, besides being a personal petition. The petitioners aver that they have the constitutional right to ensure, that the State and other public authorities function in accordance with law and do not transgress the constitutional provisions and functions within the sphere and in the manner determined by law.

(3.) Before coming to the contentions raised by the petitioners it would be proper to set out the statutory background of the Indore Development Authority and the relevant facts of this case.