ASHOK AGRAWAL Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner has lodged his grievance for quashing the demand -notice (Annexure P/7) dated 24.03.00 issued by the Respondent and Estate Officer of Indore Development Authority (For short IDA) whereby in total Rs. 7,32,748/ - have been demanded under different heads from the petitioner for revival of allotment of plot in his favour in Scheme No. 78 because he failed to deposit quarterly and half -yearly instalments from the month of December, 1994 to June, 1995 within 30 days from the date of issuance of demand -notice.

(2.) THE factual matrix as pleaded by the parties to appreciate the controversy involved in this petition in brief, is as under: The respondent No. IDA published Notification inviting tender (in short NIT) bearing No. 79/94 on 27.07.94 for sale of the residential plots admeasuring 50' x 70' in size on deposit of Rs. 10,000/ - by Bank -Draft alongwith the tender. A copy of the NIT is filed alongwith the petition as Annexure P/1. The tender of the petitioner was accepted being highest one and the Respondent No. 1 issued allotment order for plot No. 32/C/F/3 in Scheme No. 78 (Annexure P/2). In compliance with the terms and condition of allotment the petitioner deposited 25% of the premium and annual lease -rent for first year aggregating to Rs. 1,10,308 by pay order No. 110010 dated 07.11.94 under his covering letter dated 07.11.94, copy whereof is filed as Annexure P/3, But the respondents, as per condition No. 4 of the NIT, and agreement, did not handover the physical possession of the allotted plot at sight by informing the petitioner, the date and time of handing over of physical possession thereof. It is further contended by the petitioner that by order dated 26.3.96, the petitioner requested the Respondents to handover physical possession of the plot as also intimate exact and accurate instalments payable by the petitioner. The Respondents failed to handover the physical possession of the plot as also the exact and accurate instalments payable by the petitioner asa result of which the petitioner could not make payment of the instalments to the Respondents. Copy of the letter dated 18.3.96 delivered on 26.3.96 is Annexure P/4. It is also averred in the petition that the petitioner visited the Respondent's office many a times for taking over physical possession of the said plot and for information about payment of exact and accurate instalments or premium of lease -rent. It is further stated that after expiry of about three years, the Respondents served letter (Annexure P/5) dated 13.02.99 to the effect that allotment of the plot to the petitioner has been cancelled and he can make application for revival of allotment showing reasons for his inability.

(3.) AFTER receiving the letter (Annexure P/5), about cancellation of allotment of plot and filing of application for revival under fear and in abundant caution, the petitioner submitted an application dated 01.03.99 alongwith medical certificate, copies whereof are collectively filed as Annexure P/6. He also visited the Respondents and signed some documents on the plea that they are needed bona fide for revival of allotment of plot. On this, the respondents served demand notice (Annexure P/7) for revival of allotment. The Respondents asked the petitioner to deposit aggregate amount of Rs. 7,32,784/ - towards revival of amount of allotment.