NCDRC

NCDRC

FA/451/2009

MUNICIPAL CORPORATION RATLAM - Complainant(s)

Versus

DR. MAHENDRA MEHTA - Opp.Party(s)

MR. ABDUL KARIM ANSARI

18 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIFIRST APPEAL NO. 451 OF 2009
(Against the Order dated 04/06/2005 in Complaint No. 63/2002 of the State Commission Madhya Pradesh)
1. MUNICIPAL CORPORATION RATLAMThrough Commissioner, Municipal Corporation RatlamRatlamMadhya Pradesh ...........Appellant(s)
Versus
1. DR. MAHENDRA MEHTAS/o Sh. Mohanlal Ji Mehta, R/o 31, Bajaj KhanaRatlamMadhya Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. SURESH CHANDRA ,MEMBER
For the Appellant :NEMO
For the Respondent :MR. RAJUL SHRIVASTAV

Dated : 18 Aug 2010
ORDER

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Previous cost paid. Mr. Sanjay Mehta, Commissioner of Municipal Corporation, Ratlam is present and expressed regrets for non-appearance of the officer of the Corporation on the previous date of hearing. We enquired from Mr. Sanjay Mehta as to whether the plot No. T/2, Scheme No. 71, Rajiv Gandhi Civic Centre, Ratlam, which was allotted to the respondent-Dr. Mahindra Mehta, is still lying unallotted and vacant and without any encumbrance. He answered in the affirmative and said that the numbered plot is still unallotted and is free from all encumbrances and the Municipal Corporation is in actual physical possession of the plot in question. He, however, seeks to explain that an inquiry has been instituted by the Lokayukta of the State of Madhya Pradesh under the Lakayukta Act in regard to the irregularities in the allotment of said plot by the Municipal Corporation, Ratlam in favour of the complainant-respondent and all documents relating to the allotment of this plot have been seized by the Lokayukta, Madhya Pradesh. Learned counsel for the respondent/complainant submits that the appellant-Municipal Corporation, Ratlam be directed to handover actual physical possession of the plot in question to the respondent-complainant as the respondent has already paid the entire consideration of the plot amounting to Rs. 15,85,874/- including the lease rent and service charges etc. as far back as in the year 1998. In view of the above noted factual position that the plot in question is lying vacant and is in actual physical possession of the Municipal Corporation, Ratlamwe, we do not see any impediment if the possession of the said plot is handed over to the respondent-complainant in terms of the order of State Commission passed in the complaint and thereafter in the execution proceedings, we order accordingly. In view of the above position, the appeal which has been filed after a delay of 1600 days and the revision against the order dated 26.10.2009 are disposed of accordingly. The possession of the plot No. T/2, in Scheme No. 71, Rajeev Gandhi Civil Centre, Ratlam shall be handed over to the respondent-complainant within two weeks and compliance report shall be submitted to this Commission within four weeks.



......................JR.C. JAINPRESIDING MEMBER
......................SURESH CHANDRAMEMBER