SHRADHANJALI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition u/A 226 of the Constitution of India, the petitioners seek the quashing of the demand letters dated 21-9-95, 25-9-95 and 15-2-1996 issued by the respondent No. 3.

(2.) Facts relevant and requisite for the purpose of deciding the dispute lie in a narrow compass. In the year 1983, the Slum Department under the Slum Clearance Scheme constructed 32 shops for allotment to the Slum dwellers including the petitioners. In the year 1988, Shri BanarsiDass, and others filed the W.P. No. 2830/1988 in this Court and obtained a stay order against allotment of these shops. According to the petitioners, the said stay order has since been vacated on disposal of the writ petition by this Court and the Slum Department, in the moth of March and in June, 1989, allotted 18 out of 32 shops to eligible persons at a disposal cost of Rs. 20,000.00 each On 21-9-95,25-9-95 and on 15-12-96, the respondent No. 3 issued demand letters to the petitioners requiring them to pay Rs. 62,100.00 towards disposal cost of each shop in 12 quarterly equated instalments of Rs. 8476.00 The petitioners have challenged the enhancement and recovery of the disposal cost of the shops in question as arbitrary and illegal. According to the petitioners, they are entitled to allotment of these shops at the rates prevailing in the year 1989.

(3.) The respondent Nos. 2 & 3 have contested the matter and asserted that this court can't interfere under Act 226 of the Constitution in the matter of pricing/costing of the shops in question. The respondents described the enhancement of disposal cost of the shop as fair and just