BAREILLY DEVELOPMENT AUTHORUTY Vs. VRINDA GUJARATI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14.5.1996 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 36735 of 1995. The appellant-Bareilly Development Authority (hereinafter referred to as "the BDA") was set up by the State of U.P. by Notification dated 19.4.1977 issued under Section 3 of the U.P. Urban Planning and Development Act, 1973. The BDA issued an advertisement calling for applicants to apply for allotment of flats to be constructed by it in the Priyadarshani Nagar Yojna of Bareilly under the Pushpanjali Scheme and the Kusumanjali Scheme. The appellant also issued a Brochure giving the terms and conditions under which the said applicants could apply for and be allotted the flats under the said Scheme. The estimated cost of the said flats was also given in the said Brochure and it was clearly mentioned that the final costing will be done later and the costing of the flats was subject to the right of the appellant to amend the same. The Brochure also did not contain any prescribed date or time period for either construction of the flats or the delivery of possession.

(2.) THE respondents in this appeal applied for allotment of flats in Kusumanjali Scheme. As per the Brochure, 52 flats under the Scheme were to be of 57.10 Sq. Mtrs. (614.39 Sq. Ft.) and were to cost as follows : Ground Floor - Rs. 2,10,000.00 First Floor - Rs. 2,00,000.00 301 Second Floor - Rs. 1,90,000.00 Third Floor - Rs. 1,80,000.00

(3.) ON 19.6.1993 to 13.7.1994, the BDA delivered possession of the said flats on various dates to the respondents. The respond- ents, after taking possession of their respective premises and after filing the above undertakings once again made representation to the appellant against the final costing of the said flats. The BDA, in the meantime, sent another notice to the respondents to pay the enhanced 302 unpaid amounts of the costs with 18% interest or else legal action would be taken against them. Since the respondents failed to pay the said amount in spite of repeated demands, the BDA initiated recovery proceedings against the respondents under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and recovery certificates were issued against the respondents by the Tahsildar, Bareilly. Being aggrieved, the respondents filed C.M.W.R No. 36735 of 1995 before the High Court of Judicature at Allahabad challenging enhancement in the final cost of the flats and praying, inter alia, that the recovery proceedings against the respondents initiated by the BDA for recovery of the unpaid amounts be quashed. The High Court stayed the recovery proceedings.provided the respondents deposited Rs. 45,000/- on or before 31.1.1996. Before the High Court, the BDA placed the Chart showing the details of the reasons for enhancement of the price. (Annexure-N). The High Court by its judgment and order dated 14.5.1996 allowed the writ petition filed by the respondents herein and issued further directions to the BDA regarding adjustment of various amounts against the final price of the flats, though the High Court did not either strike down the enhanced price or hold it illegal. Aggrieved by the said judgment, the BDA has preferred this appeal by way of special leave petition.