P V NARSIMHAN Vs. UOI

JUDGEMENT

(1.) The present appeal is filed by the appellants challenging the legality and validity of the judgment and order dated 18th May, 2004 passed by the learned Single Judge dismissing the writ petitions on the ground that the decision challenged and questioned pertains to realm of contract and, therefore, the Court should not interfere under Article 226 of the Constitution of India.

(2.) The dispute pertains to price of garages sold by DDA to the appellants. It is pointed out by the counsel appearing for the appellants that the respondent should not have charged a higher amount than the amount, which was payable for allotment of garage at the time of the initial applications in the year 1987. The consideration, which is now demanded by the DDA is the price payable in the year 1999. Accordingly, the demand made by DDA cannot be sustained.

(3.) Allotment of garages was made pursuant to advertisement published by DDA in 1998. The appellants applied for allotment of garages pursuant to the said advertisement. The garages came to be allotted to the appellants some time in 1999, when a demand was raised for payment of approximately Rs.55,000/-. The aforesaid demand raised by the respondent-DDA was challenged by the appellants on the ground that the appellants had earlier in 1987 also applied for the allotment of garage and , therefore, the charges prevailing at the time of the first application should be charged and not the enhanced amount as sought to be realised from the appellants.