Nirmal Singh and Others vs Indore Development Authority and Another

Viney Mittal, J.

At the outset, it may be noticed that an abjection has been raised by the office with regard to the deficiency in payment of Court Fee to the extent of Rs, 1,000 by the petitioners, and additionally, a further abjection has also been raised with to the non-affixation of the Court Fee of Rs 5/- on the affidavit

In my considered view, both the aforesaid objections raised by the Office, are without any substance and are required to the overruled.

As a matter of fact, the petitioners are raising a grievance with regard to a common cause of action, and as such, Court Fee of Rs.250/- paid by them on the writ petition, is sufficient. Still further, no Court Fee is required to be affixed on an affidavit to be filed before Court. An affidavit duly sworn in before a Notary public, in accordance with law, has been failed. Both the aforesaid objections raised by the Office are hereby overruled.

The petitioners have raised a Challenge to a resolution No. 39 dated March 7, 2008, passed by the Indore Development Authority (IDA), whereby an application filed by the petitioners on December 22, 2007, was decided to be rejected. A copy of the said resolution has been appended as Annexure P/ 10 with the petition.

At the commencement of the arguments; Shri V.K. Jain, learned counsel of the petitioners points out that the decision taken by the IDA, in rejection the application/claim petition filed by the petitioners, is absolutely contrary to law, and in these circumstances, the petitioners had got issued a notice for demand of justice on July 20, 2009, a copy whereof has been appended as Annexure P/1 with the petition, which remains Un-responded.

Shri Jain requests that, at this stage, the petitioners would be satisfied if directions are issued to the Competent Authority of the IDA to consider the aforesaid notice for demand of justice, by passing a detailed and speaking order.

Keeping in view the limited prayer made by the learned counsel for the petitioners, but without commenting on the entitlement of the petitioners to the aforesaid claim, I deem it appropriate to dispose of the present writ petition with a liberty to the petitioners to file a fresh detailed and comprehensive representation appending all the relevant documents therewith, before the IDA.

If any such representation is filed by the petitioners before IDA, the Competent Authority of the IDA shall look into the grievance raised by the petitioners, and after affording an opportunity of hearing to a representative of the petitioners, take an appropriate decision in the matter, within a period of six months from the date of filing of the said representation, by passing a detailed and speaking order.

C.C. as per rules.