RAJESH GANDHI Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 27.04.2015 by which the Indore Development Authority has cancelled the lease deed and allotment of Plot No. B 36, Scheme No.78 (Part I, Commercial) Lohamandi, Indore, executed in favour of Roop Kumar and Brothers.

(2.) That Plot No.B36, admeasuring 173.77 sq.meter situated in Scheme No.78 Part I, Lohamandi was reserved for Commercial purpose of respondent No.3 by letter dated 16.03.2006 followed by allotment letter dated 20.06.2006. Thereafter, possession was handed over to the respondent No.2. Possession was given on 29.12.2006 and lease deed was executed on 20.02.2012. As per Clause 3 of the lease deed, the said plot was not transferrable for the period of 10 years. The petitioner purchased the said plot from respondent No.2 vide registered sale deed dated 05.03.2014. The petitioner is also engaged in the business of Transport and running the shop in the name of Sagar Still Suppliers, therefore also eligible to get the plot in the Loha Mandi.

(3.) The Indore Development Authority issued a show cause notice on 13.10.2014 to the respondent No.2 as to why the lease deed be not cancelled for violation of Clause 3 of the lease deed as he sold the plot within 10 years.