NAR SINGH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) After the Full Bench decision of this Court in Sheelawanti & Am. v. DDA & Am., AIR 1995 Delhi 212=57 (1995) DLT 801 (FB), we for once had thought that litigation with regard to the pricing of flats being constructed by the Delhi Development Authority (for short the DDA) under its various schemes will come to an end but that was not to be and this is yet another batch of writ petitions under Article 226 of the Constitution of India wherein registrants/allottees under 5th Self Financing Housing Registration Scheme, 1982 again assail the price of flats being demanded from them by the DDA.

(2.) Since the issue involved is common in all the matters, these are being disposed of by this common judgment. To appreciate the controversy, we shall treat the facts in Civil Writ Petition No. 858/94 as illustrative.

(3.) Like its earlier self financing schemes, seeking financial participation of the intending purchasers during the process of construction of flats, the DDA announced its 5th such scheme and the petitioners herein got themselves registered under the scheme by depositing the prescribed amount of Rs. 15,000.00 for category III and Rs. 10,000.00 for category in flats. The terms and conditions, including the mode for payment of cost of flat, in instalments at regular intervals, were enumerated in the brochure. Clause II of the scheme, relevant for these cases, reads as follows :