INDORE DEVELOPMENT AUTHORITY Vs. MANORAMA SOLANKI

JUDGEMENT

(1.) This order shall decide Writ Appeal No.310/2018 filed by Indore Development Authority and Writ Appeal No.334/2018 filed by auction purchaser against the judgment dated 13th December, 2017 whereby Writ Petition No.8741/2009 filed by respondent No.1 was allowed and the communication dated 08.05.2008 cancelling the allotment of Plot No. S92, Sector "A" under Scheme No.71, Mechanic Nagar, Indore admeasuring 231.90 Square Meter was set aside. However, the facts are taken from Writ Appeal No.310/2018.

(2.) The Indore Development Authority (for short "the IDA") framed a Scheme No.71 for the purposes of shifting various businessmen engaged in the business of automobile at Raj Mohalla, Indore. As a part of process of rehabilitation, Plot No.S-92 was allotted to one Nandu Singh on 23rd March, 1988 on the recommendation of West Zone Automobile Association. The total plot cost was Rs.44,989/- with lease rent of Rs.900/- per year. The deposit money was Rs.2,000/- and 25% of the premium i.e. Rs.9,247/- was payable along with advance lease rent of Rs.900/- whereas the balance payment was payable in 36 equal monthly installments of Rs.1,156/- starting from July, 1988. The allottee was called upon to furnish agreement in duplicate. The draft agreement was enclosed with the letter of allotment. However, on 5th October, 1990 vide Annexure R-2 a show cause notice was issued to Nandu Singh that he was not entitled to the plot of the size, which has been allotted and the consent was sought as to whether he would like to opt for the plot size of 55 Square Meter, 139 Square Meter or 153 Square Meter. Another notice was issued to the allottee on 23rd March, 1993 communicating that the allottee has not given his consent; therefore, the allotment will be made on 29th March, 1993. However, the allottee did not opt for any alternative plot of a lesser area.

(3.) The petitioner and other aggrieved persons filed a Misc. Petition No.1196/1993 (Nandu Singh Solanki vs. Indore Development Authority) challenging an order to dispossess the allotee. The said petition was allowed on 18th December, 1996 in the light of the order dated 24th November, 1992 passed in Writ Petition No.110/1991 giving liberty to the concerned respondents to give proper notice to the allottee and to take a decision afresh after giving opportunity of hearing and that the status quo shall be maintained. The relevant extract of the order passed in Nandu Singh Solanki reads as under:-