ALI JOHAD NAQVI Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) On the refusal by the respondent-Allahabad Development Authority to refund Rs. 1,49,250.00 deposited by the petitioner for the allotment of the shop in question, the petitioner has filed this petition under Article 226 of the Constitution of India, praying for quashing the notice dated 22-12-1987 (Annexure '8' to the writ petition), and for commanding the respondent-Allahabad Development Authority to refund the said amount.

(2.) The case of the petitioner, as disclosed in the writ petition, is that in pursuance of the scheme floated by the Allahabad Development Authority, he applied for allotment of the shop in question and deposited in all Rs. 1,49,250.00 for the same, but the possession was not given to him for about two and a quarter years. His case, further, is that the parties are governed by a written contract and in terms of condition No. 1-8 thereof, he could obtain refund of the money deposited by him with interest in case no floor space is given to him within a period of two years since the date of registration. He, accordingly, moved an application dated 26-6-1987 for the refund of the money deposited by him, but the respondent-Allahabad Development Authority instead of refunding the said amount, issued a letter dated 22-12-1987 calling upon him to pay a sum of Rs. 2,04,016.40, in order to get the said letter dated 26-6-1987 considered.

(3.) In paragraph 9 of the supplementary counter affidavit of S.C. Srivastava, Secretary of the Allahabad Development Authority, it is mentioned that out of the total amount deposited by the petitioner, a sum of Rs. 1,45,165.00 has been paid to the petitioner and the balance amount has been3 forfeited under the terms and conditions of allotment and the rules framed under the U.P. Urban Planning and Development Act, 1973 as the petitioner had failed to comply with the said terms and conditions. In paragraph 10 of the supplementary rejoinder affidavit, the petitioner has admitted the said payment. Thus, the petition is confined only to the relief of the refund of the balance amount.