INDORE DEVELOPMENT AUTHORITY Vs. SADHANA AGARWAL

JUDGEMENT

(1.) The Appellant, Indore Development Authority (hereinafter referred to as the Development Authority) has been constituted under the provisions of the M. P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the Act). The writ-petitioners/respondents (hereinafter referred to as the respondents) are the intended, allottees of flats in the Navlakha Housing Complex Scheme No. 31 in the town of Indore, on hire-purchase basis.

(2.) It appears that in the year 1977, and advertisement was issued by the Development Authority, inviting applications from the persons interested in purchase of flats in multi-storeyed buildings on hire-purchase basis. As per the said advertisement, a deposit of Rs. 1,000/- for Lower Income Group (hereinafter referred to as the LIG) residential flat and a deposit of Rs. 2,000/- for Middle Income Group (hereinafter referred to as the MIG) residential flat was to be made. It was also said that the plinth area for the MIG Flat shall be 805 sq. ft. and that of the LIG flat shall be 500 sq. ft. It was further said that at the time of the allotment of the flat a deposit of Rs. 11,000/- was to be made by the hire-purchaser for the MIG flat and Rs. 7500/-for the LIG flat. The rest of the amount was to be paid in instalments. Details of such instalments were mentioned. At the foot, it was said that the cost of the flats aforesaid was based on estimate and that the definite cost would be intimated at the time of allotment. The estimated period for completion of the said scheme was mentioned as two years.

(3.) Pursuant to the aforesaid offer made by the Development Authority, in respect of MIG and LIG flats, the respondents and others got themselves registered as prospective hire-purchasers and made the prescribed deposits for the purpose of the allotment of the flats. After a lapse of about two years, the Development Authority by its letter dated 5-11-1979 intimated, that according to the plan approved for advance of loan by HUDCO (a financing institution) 162 MIG flats of plinth area of 750 sq. ft., 12 LIG flats of plinth area of 500 sq. ft. each would be constructed in the four blocks from 3rd floor to 7th floor of the building in the Navlaka Housing Scheme. The probable and estimated cost of MIG and LIG flats were given out at Rs.70.000/- and Rs, 45,000/- respectively. There was modification also in respect of payment of instalments, so far the cost of flats on hire-purchase was concerned. The registration fee to be deposited was also revised as Rs. 5,000/- in place of Rs. 2,000/- for MIG flat and Rs. 3,000/- in place of Rs. 1,000/- in respect of LIG flat.