Indore Development Authority ... vs Mrs.Super Gas Agency Thr. ...
2023 Latest Caselaw 4557 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                             WA No. 413 of 2006
 (INDORE DEVELOPMENT AUTHORITY PRA.BHAW Vs MRS.SUPER GAS AGENCY THR. MRS.RASHIDA)

Dated : 23-03-2023
      Shri Ambar Pare - Advocate for appellant (through VC).

      Shri Kamruddin Amir - party-in-person on behalf of respondent.

Heard through Video Conferencing:

Shri Kamruddin - party-in-person is present in the Court. He has filed an application (I.A. No.1290 of 2023) seeking to review the final order dated

07.12.2022. However, he submits that he wants time to file a review petition.

In view of the submission made, I.A. No.1290 of 2023 is dismissed with a liberty to pursue such remedy as available in law.

I.A. No.418 of 2023 is an application seeking to review the order dated 07.12.2022 passed in W.A. No.413 of 2006. It is stated that the narration in para 2 of the judgment is incorrect. It has no nexus with the case. It has been wrongly typed. Therefore, the correct facts require to be stated therein.

On considering the contention, we are of the view that there is an error committed by the stenographer in typing the para-2. It does not pertain to this

case. Hence, para 2 is substituted by the following:-

"2. The case of the petitioner is that the petitioner submitted an application on 14.08.1992 for allotment of a plot on lease for construction of godown offering to pay a premium of Rs.6,00,818/-. However, the respondent asked the petitioner to pay @ Rs.500/- per sq. mtr. A counter offer was made by the petitioner and she offered to pay a sum of Rs.375/- per sq. mtr. After negotiation, it was agreed at Rs.430.58 per sq. mtr. An agreement was signed and plot No.28 was allotted to her. The annual rent was also fixed. Due to non-payment of the instalment, by the communication dated 12.04.1993 the allotment was cancelled. The same was challenged by the petitioner by

filing Miscellaneous Petition No.1242 of 1993 before the High Court of Madhya Pradesh at Indore. By the order dated 25.04.1994, the impugned order was set aside by rejecting the contention of the appellant that fixation of the premium rate was illegal. Since no amounts were deposited subsequently, again an order of re-allotment stood cancelled vide letter dated 30.01.1996. The petitioner was informed that if she intends to get the allotment revived then she can apply for the same. The petitioner issued a notice on 31.01.1997 seeking for revival of the allotment. The allotment is revived on a demand raised at Rs.8,18,432/-. Questioning the same, the instant writ petition was filed."

Consequently, I.A. No.418 of 2023 is allowed. Para 2 of the order dated 07.12.2022 passed in W.A. No.413 of 2006 is substituted as aforesaid.

Registry is directed to make a note in the margin of the final order dated

07.12.2022 passed in W.A. No.413 of 2006 regarding the aforesaid modification and furnish a free copy of the modified order to the parties after rescanning the same.

                                    (RAVI MALIMATH)                               (VIJAY KUMAR SHUKLA)
                                      CHIEF JUSTICE                                       JUDGE

                            S/



Digitally signed by SACHIN
CHAUDHARY
Date: 2023.03.27 12:53:07 +05'30'