ARUN KUMAR DASHORA Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 02.09.2005 passed by the learned Single Judge dismissing summarily the writ petition filed against the order dated 19.02.2005 passed by the Permanent Lok Adalat, Udaipur dropping the proceedings sought to be maintained by the petitioner-appellant against the Urban Improvement Trust, Udaipur (UIT for short) on a dispute in relation to allotment of a plot of land.

(2.) The petitioner-appellant submitted an application (Annex.1) under Section 22C of the Legal Services Authorities Act, 1987 (the Act hereafter) on 13.12.2004 before the Permanent Lok Adalat, Udaipur with the averments that he made an application for allotment of a plot in Daitya Magri Scheme of the UIT on 31.12.1971; that because of the ban imposed by the Government, the allotment process was kept in abeyance till the year 1980; that 2500 sq.ft. of land was allotted to him; that he deposited Rs.7,390/- on 14.05.1982 and further deposited the amount of penalty of Rs.3,118.60 on 07.10.1982 and sought possession of the allotted land. According to the petitioner, an employee of the UIT reported on 15.01.1983 that the allotted plot No.24B was not available at site and thereafter the petitioner sought allotment of alternative piece of land and thereupon he was allotted 1800 sq.ft of land in plot No.13 of Moti Magri Scheme. The petitioner contended that he had deposited amount with penalty towards allotment of 2500 sq. ft. of land and it was the responsibility of the UIT to allot him 2500 sq. ft. of land but the remaining 700 sq.ft. of land was not allotted to him.

(3.) The petitioner raised the grievance that in the year 1999 the nonapplicant- UIT proposed to make payment of 700 sq.ft. of land @ Rs.3.15 per sq.ft. The petitioner stated that for 22 years, he had visited the office of UIT several times and addressed various communications and gave out the dates of such communications from 31.12.1971 to 03.06.2000. In paragraph 7 to 11 of the application, the petitioner made the prayers in the manner that Rs.5,60,000/- towards cost of 700 sq.ft. of land at the present market rate be paid to him; that he may be allotted any other plot of equal value; that for the agony suffered by him Rs.15,000/- be awarded as damages; that the negligence of the authorities be determined and the amount of damages be recovered from their salary. In relation to the maintainability of the application and jurisdiction of the Lok Adalat, the petitioner averred that in view of the amendment to the Act of 1987, application could be maintained against the State, therefore, the Lok Adalat has jurisdiction to entertain the application and the cause of action has arisen within its territorial jurisdiction.