ABHISHEK GANGWAL Vs. INDORE DEVELOPEMNT AUTHORITY

JUDGEMENT

(1.) THE above three appeals have been filed against the order dated 27.8.2007 passed by the District Forum, Indore in case No. 561/2006 whereby the DistrictForum has directed the Indore Development Authority and the Mahatma Gandhi Grih Nirman Sahakari Sanstha Maryadit to allot a plot and execute lease deed in favour of complainant Abhishek Gangwal.

(2.) THE Indore Development Authority is constituted under Section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 .

(3.) OPPOSITE party No. 2 -Mahatma Gandhi Grih Nirman Sahakari Sanstha Maryadit is one such society which has vested the land to the Indore Development Authority for development into plots. The complainant was at serial No. 220 in the list provided by the housing society and was, therefore, eligible for the allotment of plot according to his membership seniority. However, on the pretext that the member was defaulter, he was not allotted any plot by the Indore Development Authority with the result he approached the District Forum and the District Forum by order aforesaid directed opposite parties to allot plot No. 508/4 in scheme No. 97 part IV to the complainant and to pay for the deficiency in service and mental agony Rs. 5,000 each and Rs. 500 each towards costs of the proceedings. It is against this order that the Member -Abhishek s/o Shri Sureshchandra Cangwal has filed appeal for enhancement of compensation, Indore Development Authority has filed appeal as the society has not cleared the dues and the society has filed appeal No. 2193/2007 stating that it is for the Indore Development Authority to execute the sale deed and the society has not to pay anything towards development.