KANPUR DEVELOPMENT AUTHORITY Vs. SHEELA DEVI

JUDGEMENT

(1.) Kanpur Development Authority (KDA) has filed these appeals challenging the correctness and validity of the common order dated 21-5-1997 made by the Division Bench of the High Court in Writ Petitions.

(2.) Three schemes were floated by KDA in September, 1978 with financial support of 'HUDCO' "on no profit no loss basis". The three Schemes were : (1) For Economically Weaker Section; (2) For Lower Income Group and (3) Middle Income Group. Applications were invited in the prescribed form fixing the last date as 29-9-1978. The applications were to be made in the prescribed form along with the earnest money for each category. A brochure was issued showing the cost of each house and terms and conditions of the Schemes. In these cases, we are not concerned with the houses constructed in two other schemes which were allotted to the applicants on the basis of lottery on 25-10-1980 and cost specified in the brochure and the possession of the houses was delivered to them. However, the applicants (respondents herein) in the Middle Income Group were not allotted the houses and their applications were kept pending for more than 18 years for no fault of them.

(3.) As per the terms and conditions mentioned in the brochure in the MIG Category, the applications were to be made along with the earnest money by 29-9-1978. The estimated cost of each house was specified in the brochure as Rs. 48,000/-. The persons whose income was between Rs. 601/- to Rs. 1500/- per month were eligible for Middle Income Group Houses. The houses were to be allotted among the valid applicants by lottery. After the lottery was drawn and on receipt of letter of information of allotment, the applicants had to deposit balance of the 1/4th of the cost of the house. Thereafter, physical possession of the houses was to be delivered to the allottees and the remaining 3/4th of the cost of the house i.e. Rs. 36,000/- was to be paid by the allottees in 48 quarterly instalments in 12 years with 11.5% interest as per the brochure. Sine there were only 108 valid applications altogether for 111 MIG houses, all the applicants could have been allotted MIG houses when 1/4th cost of the house was deposited by the applicants as on 31-3-1979, what remained was only to draw a lottery among the 108 valid applicants for the specific houses to each one of the applicants. And thereafter the possession of specified house was to be delivered to each allottee as the constructions of 111 MIG houses were completed in 1980.