SUNIL DANGI Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Since common facts and grounds are involved in WP No. 15509/2018 and WP No. 15646/2018 hence both the writ petitions have been heard and are being decided together.

(2.) The petitioner has filed the present petition being aggrieved by the publication of NIT by the respondents Indore Development Authority ('IDA' in short ) for sale of 16 residential free hold plots within the Sector E, Scheme No.94, Indore.

(3.) The respondents IDA issued an advertisement No.79/94 dated 27.07.1993 for allotment of residential plots in the Sector-E of Scheme No.94, Indore. In pursuant to the advertisement the petitioner submitted an application and the same was accepted after following due procedure. That vide letter dated 12.9.1994 he was allotted plot No.121/EA (area 216.00 square meters on lease for the period of 30 years in total premium amount of Rs.3,24,000/-. At the time of allotment petitioner had deposited 50% of premium amount and further deposited remaining amount in 12 months within the prescribed time. The petitioner made a request to the respondents for handing over the possession of the said plot. The respondents stated that vacant possession of the plot will be handed over after development of the scheme. Thereafter, the petitioner made several request and representations, but physical possession of the plot was not handed over to him on the pretext that some civil dispute is pending, development has not been done etc. land is under encroachment etc. Now the IDA has published an advertisement in the daily newspaper dated 3.7.2018 for sale of 16 residential plots in Sector-E of Scheme No.94. The petitioner immediately served a legal notice to a respondents that if the plots are vacant and available, then the petitioner is entitled to get the possession in view of the allotment made to him on 12.09.1994 in Sector-E of Scheme No.94. Thereafter, the present petition has been filed by the petitioner, challenging the impugned advertisement dt.3.07.2018.