KAMESHWAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present petition in public interest, is to an order-dated 25.9.2017, passed by respondent No.3 Chairman, Jabalpur Development Authority, Jabalpur (for short "the Authority") whereby respondent No.4 Madhya Pradesh Kesharwani Shiksha Samiti (for short "the Society") was permitted to deposit a sum of Rs. 93,93,699/- within one month and thereafter the Authority was directed to hand over possession of the allotted land to the Society. The said respondent was also directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) per hut existing on the land for the rehabilitation of the occupants at an alternate place.

(2.) In pursuance to an advertisement issued by the Authority on 31.5.2005 in respect of allotment of Plot measuring 18,866 square meters, for educational purpose, the bid of respondent No.4 - the Society was accepted on 22.8.2005. A regular letter of allotment was issued on 26.10.2005 - Annexure P/6. The total premium amount was Rs.1,15,27,126/- and that a sum of Rs.28,81,782/- as 25% of the amount, was to be deposited on or before 12.9.2005. It is contemplated that if the amount is not deposited within three months or in installments, the lease can be cancelled in terms of Clause 21 of the application form. The Society deposited an amount of Rs.7,50,000/- on 12/22.09.2005; and Rs. 21,31,782/- on 14.10.2005 towards 25% of the initial amount. The Society deposited further Rs.15 Lakhs on 1.8.2007, and the remaining amount of Rs.71,21,991/- on 26.5.2012.

(3.) On account of delayed payment, interest amounting to Rs.83,29,397/- and 15% cess amount amounting to Rs.10,64,302/-, totaling Rs.93,93,699/- was to be deposited upto 30.6.2012. The Society challenged the said demand in Writ Petition No.16620/2012. In the said writ petition, direction was issued to the Chairman of Authority on 29.6.2017 to decide the representation in terms of Clause 32 of Madhya Pradesh Nagar Tatha Gram Nivesh Niyam, 1975 (for short the 'Rules'). It is in pursuance of such direction, the impugned order has been passed.