FAISAL IBRAHIM Vs. IDA INDORE THROUGH CEO

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 27.7.2016 Annexure P/11 by which the lease of Plot Nos. 659, 660, 661 and 662 of Scheme No. 114 Part-II has been cancelled and also against the order dated 17.10.2016 by which he has been directed to hand over the possession to the IDA.

(2.) A agreement dated 4.8.2007 was executed between petitioner and the respondent in respect of allotment of Plot Nos. 167, 168 and 169 of Anurag Nagar Colony Indore. Later on the said allotment was replaced by allotment of Plot Nos. 659, 660, 661 and 662 situated in Scheme No. 114 Part-II. The physical possession of the plots were handed over to the petitioner on 10.10.2007 and the lease deeds were registered for 30 years from 7.8.2007 to 6.8.2030. Later the petitioner got the building permission from the Indore Municipal Corporation and constructed the building upon the allotted plots.

(3.) The respondent issued a notice dated 26.2.2015 to the petitioner alleging the violation of condition No. 1,4 and 22 of the lease. The petitioner submitted reply to the show-cause notice on 20.3.2015 thereafter various communications were made between petitioner and the respondent and finally by order dated 27p.7.2016 the respondent has cancelled the lease dated 10.10.2007 of all aforesaid four plots and directed the petitioner to vacate and hand over the vacant possession within 15 days. Thereafter by letter dated 17.10.2016 Annexure P/10 the State Officer of IDA Indore, has directed the petitioner to handover the vacant possession of the plots to Assistant Engineer on 3.11.2016 at 11 AM. It has also been observed that in absence of the petitioner on spot the ex parte possession would be taken in accordance with law. Being aggrieved by the aforesaid two orders, the petitioner has filed the present petition before this Court.