Leave granted.
The State Consumer Dispute Redressal Commission,
Bhopal issued the following order on 24.12.2011:
“Insofar as the Indore Development Authority is concerned, we find no impediment in carrying out the provisions of Resolution 9. In fact, the administrative orders of the Registrar is for making allotment according to seniority of the members as per the date the payments have been made by these individual members, and therefore we do not perceive any illegality in the order of the District Forum, Indore. The District Forum, Indore JUDGMENT examined each case and on finding that allotment has already been made and payment has been received, given direction to execute lease deeds. We make it clear that in those cases where the payment is not complete, the Indore Development Authority may suspend allotment/lease deed of the plot in question without being hindered by the administrative orders. However, this judgment will apply only after four months to enable the Registrar to finalize the list and in the meanwhile if the list is not finalized the Indore Development Authority may proceed to allotment/execute lease-deed as per the directions hereinabove contained. With the above directions all these appeals are disposed of. The cost awarded by the
District Forum and the amount for mental agony is set aside.”
Mr. P.S.Patwalia, learned senior counsel appearing for
the appellant-Indore Development Authority submits that as
far the Authority is concerned, there are no issues and they
want to finalize the proceedings as per the Resolution.
However, the Registrar (Joint Registrar Cooperative
Societies) has not so far given the final list and only
because of that the delay has occurred. Though an
application is filed for impleadment of Registrar, we do not
think it necessary. In the facts and circumstances of the
case since we are informed by learned counsel appearing for
the parties that the process of finalizing the list is going
on, the appeals are disposed of with a direction to the
Joint Registrar of Cooperative Societies, Indore who is
incharge of the finalization of the list referred to in the
order of the State Commission, to finalize the list
positively within a period of three months from the date of
communication of this order, as per the order of the State
Commission and in accordance with law. Based on the list,
as furnished by the Joint Registrar of Cooperative
Societies, the allotment/execution of lease deed shall be
made by the Indore Development Authority within one month
The Registry is directed to communicate this order to JUDGMENT the Joint Registrar-Cooperative Societies, Indore Development
Authority.
Applications stand disposed of.