NAGPUR IMPROVEMENT TRUST Vs. ARVIND SHRINIWAS RAO BOBDE

JUDGEMENT

(1.) THIS is an appeal against the order dated 20th July, 1991 passed by the Maharashtra State Consumer Disputes Redressal Commission passed in Complaint Case No. 6 of 1991 by which the complaint filed by the present respondent Shri Arvind Shriniwas Rao Bobde against the present appellant Nagpur Improvement Trust (for short the NIT) was allowed. The NIT was ordered to allot four plots to the Complainant within two months from the date of the order pursuant to Resulution No. 1/776 dated 30th May, 1989. The NIT was also directed to pay to the Complainant by way of compensation Rs. 2.00 lakhs for the loss of appreciation in price and rent due to inordinate delay in granting the plots. It was further ordered that the amount of compensation be paid to the Complainant within a period of two months from the date of order failing which it will carry interest at the rate of 12% per annum till realisation.

(2.) THE facts as appear from the complaint filed by Shri Bobde before the State Commission and other documents contained in the paper book Khasra Nos. 1, 2 and 4 of Mouza Hiwari District Nagpur measuring 25.63 acres was owned by the Complainant and his predecessor in title Shri M.R. Bobde. The NIT framed a scheme called Small Factory Area Scheme. All the above Khasra numbers were put under acquisition. The Land Acquisition Officer gave his award on 21st September, 1990. Compensation was paid to the owners on 26th June, 1962 and the Land Acquisition Officer took possession of the land under Section 16 of the Land Acquisition Act. The land vested in the State Government under Section 16 of the Land Acquisition Act free from all encumbrances and thereafter in NIT under Section 17A of the said Act in the year 1962. At the time of receiving compensation the owners did not raise any kind of protest and accepted the amount of compensation. In 1963 ample plots were available with NIT. It agreed for allotment of 4 plots to the Complainant at the normal rate of premium with annual ground rent at 2% of the premium for 30 years standard lease after lay out plan was fixed by the Board of NIT, vide letter dated 1.4.1963 (at page 49 of the paper book). This letter was written with reference to some letter dated 6.8.1992 written by the Complainant. In continuation to the above letter NIT wrote a letter on 13th July, 1964 to the Complainant informing him that premium for plot Nos. 206 to 208 and 252-258 have been fixed and sanctioned by the Commissioner, Nagpur Division. The complainant was asked that if he was interested in four plots out of the above mentioned plots he should select them and intimate within 7 days so that those could be reserved for him. It was further mentioned in that letter that if no reply was received within the stipulated period it would be presumed that he (complainant) was not interested in obtaining allotment of any of the above mentioned plots and the same would be allotted to others. It appears that these plots mentioned in the a Hove letter of the NIT were not acceptable to the Complainant and he put some counter proposal which was perhaps not accepted by NIT. The matter did not proceed further at that time.

(3.) ON 4th November, 1975 the Complainant again addressed a letter to the Chairman of NIT agreeing to make payment of 4 plots and expressing willingness to accept undeveloped land. There is nothing on the record to show that NIT was willing to reopen the matter. On28th March, 1985 Shri Bobde addressed another letter to the Chairman NIT and repeated his request for grant of undeveloped land wherever it might be. It further appears that the Complainant addressed some letters to the Minister, Urban Development, Maharashtra Government who in turn wrote a letter to the Chairman NIT. It happened in June, 1985. The Minister had written to the Chairman inviting his attention to the representation of Complainant. It was further stated in the letter of the Minister that the NIT appears to have agreed to give 4 plots to the Complainant but he was not given any plot. NIT was asked to take appropriate action in the matter. On 22nd August, 1985 the Complainant again got a notice issued through his Counsel to NIT again reiterating that the acquisition of land was bad in the eye of law. Vide letter dated 4th November, 1985 Law Officer of the NIT wrote to the Counsel for the Complainant controverting the allegation about the illegality of acquisition. It was also pointed out that Complainant has already been intimated that his demand for 4 plots could not be considered.