ASHA BHASAN Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The only controversy involved in this petition is whether the Respondent authorities are right in enhancing the price of the house allotted to the Petitioners in the year 1994 as per the notification originally made.

(2.) It appears that by virtue of a notification issued in the year 1994 applications were invited for allotment of houses that were actually slated to be constructed. Alongwith that notification, certain terms and conditions were also framed and only those aspirants who were in agreement with those terms and conditions could have made application for allotment and the Petitioners were amongst such aspirants/applicants. The initial conditions were partly complied with by the Petitioners. Later on, because of various constraints including the financial one, the Respondent authorities could not proceed with the construction of the houses under the Scheme. At the same time, Petitioners also committed default in complying with the terms and conditions of the contract. Therefore, what is obvious is that from both sides there were some lapses.

(3.) Notwithstanding this past event, in the year 1998, the Petitioners approached the Respondent authorities seeking allotment of the house under the orders of this Court passed in Writ Petition No. 7541 of 1998. Consequently, the Respondent authorities offered allotment of incomplete constructed house, obviously on 'as is where is' basis by order dated 1.8.1998. Further the price was fixed at Rs. 2,04,035/-. Obviously, there is hike of about 65000/- over and above the estimated price originally fixed in the year 1994. We reiterate the expression "estimated price" only to make it clear that there was no definite price fixed for all times to come.