Ajay Rastogi, J. - (1.) Both the appellants (respondents before the High Court) being dissatisfied with the impugned judgment dated 4th November, 2008 have preferred these appeals.
(2.) The facts in brief relevant for the purpose are that the appellant Smt. Kasturibai Sukharam Khandelwal Trust and the 2nd respondent Shri Khandelwal Trust (writ petitioner) are registered public trusts. The 2nd respondent made an application directly to the Indore Development Authority(hereinafter referred to as "Authority") for allotment of land for public purpose and to carry out trust activities on 30th September, 1988. In sequel thereto, another application was addressed to the then Chief Minister on 29th December, 1988 for allotment of land for the purpose of construction of a community hall to be used for public purposes.
(3.) The authority thereafter issued an advertisement dated 7th September, 1989 inviting applications for allotment of land to registered institutions indicating necessary requirements to be furnished by the institutions desirous for allotment of land. In response to the advertisement, the appellant Trust submitted an application on 9th October, 1989. After the applications were processed, the authority took a decision to allot 50,000 sq. ft land in scheme no. 54/75-C in favour of the appellant Trust vide communication dated 2nd July, 1990 and simultaneously, the authority also communicated the decision for allotment of 30,000 sq. ft. of land in Scheme No. 54/74-C to the 2nd respondent vide communication dated 2nd July, 1990.;