Dalpatsingh v. The Municipal Council, Jodhpur (Raj. )
1993-12-16
RAJESH BALIA
body1993
DigiLaw.ai
JUDGMENT 1. - Strange are the ways of local authorities is well demonstrated by the facts of the present case. 2. The respondent-Municipal Council invited applications for allotment of shops at a projected Shopping Centre near Paota Chauraha. The shops were to be allotted by Lottery System. The petitioner applied for allotment of shop in July, 1985 and, along with the application deposited a Demand Draft dated 9.7.1985 for a sum of Rs. 10,000/- with the-respondents. On 27.7.1985, the Lottery was drawn and shop No. 11 came to be allotted to the petitioner for a sum of Rs. 27,000/-. In pursuance of that, the petitioner deposited Rs. 17,000/-, the remaining allotment amount on 2.8.1985. However, in spite of lottery having been drawn in favour of the petitioner and full amount of allotment having been deposited, no shop came to be delivered to the petitioner. It appears that for some reason or the other, the Shopping Centre Scheme did not materialise. After about two years, in November, 1987, Rs. 10,000/- only were refunded to the petitioner, out of the amount deposited by him. Since then, neither the shop has been allotted nor any amount has been refunded to the petitioner; which has led the petitioner to file this writ petition to claim allotment of shop or in the alternative refund of the amount. 3. The petition was filed in 1990 and until today no amount has been refunded. This is hardly the way in which public authorities are expected to act and inter-act with the citizens. The least, which was expected of the respondents, in case the projected Shopping Centre was not feasible, to have immediately refunded the amount collected from the applicants, with interest up to the date of refund. 4. In the circumstances, I allow the petition and direct the respondent-Council to refund the remaining amount of Rs. 17,000/-, within a period of one month, with 18 percent per annum interest thereon, with effect from 12.8.1985 to the date of actual refund. If the aforesaid amount is not refunded within one month, the petitioner will be further entitled to recover special cost from the respondents, which I quantify at Rs. 5000/-.Petition allowed. *******