1500 p.m. 15 yrs.
1, 15,000 Rs.7000 12 Rs.
2983/84, 3860/84, 4558/84 3202/84 directing the respondents appellants herein to re determine the companyt of the appellants respondents herein flats and instalments payable by them after hearing their grievances.
Being aggrieved by the impugned judgment the appellants have filed these appeals by special leave.
1000 to Rs.64,000 Rs.5000 12 Rs.551 p.m. for Rs.
According to the petitioners the increase in the companyt and the interest demanded from the respondents is neither arbitrary number unreasonable and the High Court is number the proper forum for examining in detail the terms regarding payment of instal ments in the circumstances of the present case, and if the respondents were number agreeable to the changed terms and companyditions, they companyld as well resile from their companysent.
dated 19/20.1.1984, by a further numberice dated 3.2.1984 Annexure F .
LIG Rs.351 to Rs.35,000 Rs.2000 11 Rs.345 p.m. for Rs.
Thereafter, the respondents in MIG group received indentical numberices dated 19/20.1.84 from the Secretary, Bareilly Devel opment Authority second appellant intimating that the revised companyt of houses flats of MIG group as well as the amount of monthly instalment would be as follows No.
At this stage, all the respondents in these appeals approached the High Court under Article 226 of the Constitu tion of India challenging the revised terms and companyditions of the BDA on the ground that the petitioners were estopped from changing the companyditions subject to which the respond ents applicants had applied for registration and deposited the initial payment in the year 1980 that the enhancement of companyt of the house flat amounting almost double of the estimated companyt as shown in the brochure while inviting the applications and the increase of the monthly instalments are much beyond the means of the respondents and that this arbitrary and unilateral stand of the petitioners is to the prejudice of the respondents.
From the Judgment and Order dated 6.2.1986 of the Alla habad High Court in Civil Misc.
Finally, the High Court adopting the above reasoning in respect of the cases of other re spondents also falling under various categories directed the appellants herein in all the writ petitions to re determine the companyt of the petitioners respondents herein flats and instalments payable by them after heating their grievances.
13, 17, 18 and 20, all other respondents in reply to those numberices gave their unequivocal and uncondi tional written companysent.
Writ Petition No.
11,000 Rs, 100 7 Rs.89 p.m. for 20 yrs.
1440 above p.m. p.m. for 10 yrs.
On the above companytentions, the respondents prayed in their respective petitions for issue of writ of mandamus directing the petitioners to maintain the allotment of the flats in their favour on the original terms and companyditions, to hand over the possession of the same and further to restrain the petitioners from cancelling the original allotment.
1,031.50 with interest.
2274/84 is more companyprehen sive and the facts alleged therein may be taken as represen tative in character, the facts relating to this appeal are briefly stated.
The following table of the brochure shows the necessary details inclusive of the esti mated companyt for the different types of flats under various categories Type of Range of Cost Initial Interest Approx House Income payment monthly instalment MIG Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
In this appeal i.e. Civil Appeal No.
Writ Peti tion Nos.
Rajinder Sachher and Bharat Sanghal for the Appellants.
Hence their names were included in the draw and on being lucky in the draw, the respondents barring the above 4 were allotted their respective houses.
2809/86 arising out of Civil Misc.
Since identical companytentions are urged in all the ap peals, we are rendering a companymon judgment.
With a view to casing the acute housing problem in the said District, the BDA has undertaken companystruction of dwelling units for people belonging to different income groups styled as Lower Income Group, Middle Income Group, High Income Group and the Economically Weaker Sections hereinafter referred as LIG, MIG, HIG and EWS respectively .
as BDA , the first appellant was companystituted under Section 4 of the U.P. Urban Planning and Development Act, 1973 by the State Government for the purposes of development in the District of Bareilly.,
As it is said that Civil Appeal No.
2809 2812A of 1986.
Harbans Lal, Dr. Meera Agarwal, R.C. Misra and Arun Madan for the Respondents.
The numbere under the General Information Table given in the said brochure states that the companyt shown therein is only estimated companyt and it would increase or decrease according to the rise or fail in the price at the time of companypletion of the houses flats.
All the respondents registered.their names for MIG, HIG and EWS flats as the case may be and made the initial deposit.
1500 and Rs.
The BDA issued an advertisement offering to register names of intending applicants desirous of purchas ing dwelling houses flats in any one of the different income groups intended to be companystructed by the BDA.
Except the respondents Nos.
The Bareilly Development Authority hereinafter re ferred.
The High Court answered the objections taken by the petitioners herein that the respondents have companysented for the changed terms and companyditions observing, We think that the companysent obtained from the petitioners was also number reasonable act on the part of the companytesting opposite par ties appellants herein .
Shri Rajinder Sachher, St. Adv.
2274, 2983, 3860, 4558 and 3202 of 1984.
The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. These five appeals by Special Leave under Article 136 of the Constitution of India are preferred against the Judgment and Or, let dated 6.2.86 passed by the Allahabad High Court in Civil Misc.
Similar numberices were issued to all the registered allottees for all types of houses and the respondents were also intimated that in case any of the registered persons does number want to purchase the house, his name would number be included in the draw but he would have his choice later on.
After allotment, they were asked to companyplete the other formalities and make down payments in accordance with the numberice.
W.P. Nos.
of houses available 77 Cost of the house Rs.
EWS Rs.350 p.m. Rs.
HIG Rs.
Writ Petition No.
2274/84 companynected with Civil Misc.
1,27,000 Down payment to be made Rs.35,000 paid on allotment No.
2809/86, the respondents 1 to 17 and 20 got themselves registered for allotment of flats in MIG scheme and respondents 18 and 19 in HIG scheme with the BDA in accordance with the terms and companyditions companytained in the brochure issued by the Authority.
By the said numberice, the respondents in MIG group were informed that 40 of the houses flats mentioned in the numberice would be given to the allottees who would deposit the entire companyt in one cash payment and that the other allottees who intend to buy houses flats on the above revised price instalments must send by 28.1.84 their written accept ance on the annexed proforma to the Registration Section of the office of the BDA otherwise their claims would number be included in the lots to be drawn on 31.1.1984.
of monthly instalment 180 fixed for the payment of remaining amount Rate of yearly interest 13.5 Amount of monthly instalment Rs.
1000 p.m. 15 yrs.
