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Supreme Court of India

INDORE DEVELOPMENT AUTHORITY vs ATUL TIWARI on 11 September, 2015

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C.A. No.-007041-007041 - 2015Official PDFBench Kurian Joseph, Arun Kumar MishraAdvocates PRAVEEN CHATURVEDI
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7041 OF 2015
INDORE DEVELOPMENT AUTHORITY PETITIONER
VERSUS
ATUL TIWARI & ANR. RESPONDENTS
WITH
CIVIL APPEAL NO.7042 OF 2015
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CIVIL APPEAL NO.7043 OF 2015
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CIVIL APPEAL NO. 7044 OF 2015
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CIVIL APPEAL NO.7045 OF 2015
WITH JUDGMENT
CIVIL APPEAL NO.7046 OF 2015
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CIVIL APPEAL NO.7047 OF 2015
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CIVIL APPEAL NO.7050 OF 2015
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WITH CIVILJUDGMENTAPPEAL NO 7060 OF 2015
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CIVIL APPEAL NO. 7068 OF 2015
J U D G M E N T

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.