JODHPUR VIKAS PRADHIKARAN JODHPUR, RAJASTHAN Vs. PRATAP SINGH

JUDGEMENT

(1.) The complainant/respondent got himself registered for allotment of a plot from the petitioner Jodhpur Vikas Pradhikaran, earlier known as Urban Improvement Trust, for allotment of a plot in its Kirti Nagar Scheme. On 03.10.1998, he was informed that plot no. B-85, measuring 83.61sq. meter had been allotted to him. He was required to deposit the price of the plot. The price of the plot was accordingly deposited by the complainant. However, the possession of the plot, was not handed over to him.

(2.) A notice in the newspaper was published by the petitioner on 25.05.2002, informing the allottees of plots in various schemes that they should submit their representation with respect to possession having not been given to them, alongwith documents if available, within a period of 15 days from the publication of the notice. It was further stated in the said notice that those who had deposited the prescribed registration fee at the time of allotment but were not allotted the plots and had not taken refund, could also submit their claim alongwith evidence. In response to the aforesaid notice, the complainant submitted a representation to the petitioner Board, stating therein that he had been allotted plot no. B-85 in Kirti Nagar Scheme, but on visiting the said plot, he came to know that it had been occupied for cremation ground. He requested the petitioner Board either to remove the encroachment from the said plot or allot some other plot. No decision was even taken by the petitioner on the representation made by the complainant.

(3.) A legal notice dated 14.12.2007 was then given by the complainant to the petitioner, seeking compensation as well as possession of the above referred plot. Since the notice did not yield any result, he preferred a complaint before the District Forum, seeking the following reliefs:-