MANORAMA SOLANKI Vs. INDORE DEVELOPMENT AUTHORITY AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is directed against cancellation of allotment of commercial plot No.S/92, Sector 'A" under Scheme 71, Mechanic Nagar, Indore (For short, 'the plot in question') vide order dated 08/05/2008 (Annexure P/20) by the Indore Development Authority, Indore with further direction for allotment of the plot in favour of the petitioner.

(2.) Facts relevant and necessary for disposal of this writ petition are to the effect that initially one Nandu Singh, husband of the petitioner (died on 30/05/2009) used to carry on business of remolding tyres in the name and style of "Laxmi Tyre Service" since the year 1956 at Rajmohalla, Indore. The Indore Development Authority (for short 'the IDA') framed a scheme No.71 for the purpose of shifting various businessmen engaged in the business of automobiles at Rajmohalla, Indore. The IDA promised Nandu Singh and all such similarly situated persons for allotment of suitable plots under the said scheme. Plot No.92/S was allotted to Nandu Singh vide order dated 23/03/1988 having an area of 231.90 sq.mtrs., Copy of allotment order is on record as Annexure P/1. In terms of allotment letter, he had deposited an amount of Rs.10,147/- on 12/04/1988 and thereafter further amount of Rs.27,000/- at the rate of Rs.1,156/- per month upto 02/08/1990, the details of payments and copies of receipts are on record as Annexure P/2. Thereafter, an agreement was entered into between Nandu Singh and IDA vide Annexure P/3 containing the reciprocal rights and obligations of the parties. The possession of plot No.S-92 was delivered to Nandu Singh on 08/07/1988 (paragraph 5.6 of the writ petition).

(3.) It appears that an order dated 05/10/1990 (Annexure P/4) was served upon Nandu Singh giving him to understand that he was not entitled for the plot area of 231.90 sq.mtrs., as per his eligibility and in the alternate, he was called upon to exercise the option for plots of the areas 55 sq.mtrs., 139 sq.mtrs., and 153 sq.mtrs., and also a show cause notice why the allotment of plot in question be not cancelled.