N D OJHA Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is a retired Judge of the Supreme Court of India. In this case on 28.3.2003 the Standing Counsel was granted three weeks to file a counter affidavit but no counter affidavit has been filed. Thereafter on 23.4.2003 he was again granted one week's time to file a counter affidavit, but as yet no counter affidavit is forthcoming. We are not inclined to grant any further time. Hence, we are treating the allegations made in the writ petition to be correct.

(2.) The petitioner is challenging the impugned notices dated 22.4.1999 and 3.7.2000 (Annexures '6' and '9' to the writ petition) issued by the Allahabad Development Authority. The petitioner has also prayed for a mandamus commanding the Allahabad Development Authority to execute the sale deed regarding premises No.AD-6, Ekanki Kunj, A.D.A. Colony, 24, Muir Road, Allahabad, constructed under Self-Financing Housing Scheme on the price of land already paid before possession.

(3.) In paragraph 2 of the writ petition it is alleged that the Allahabad Development Authority, Allahabad (hereinafter referred to as the A.D.A.) floated a Self-Financing Housing Scheme known as "Ekanki Kunj Housing Scheme" in the year 1992. Applications were invited through an advertisement in the daily newspaper and the terms and conditions were incorporated in the brochure issued by the ADA. The said Housing Scheme invited tenders for allotment of plot as well as constructed house of two categories viz., "Ashirvad Duplex and Kamna Duplex". Initially the scheme was for Duplex houses but later on it was converted into a single storey house. The cost of Ashirvad Duplex was initially Rs. 8,50,000/- in which Rs. 1,99,000/- was the cost of the land and thereafter it was converted to single storey and cost of the same was reduced to Rs. 8,20,000/-. Initially there were two rooms and latrine, bath on the first floor. Kamna Duplex was for Rs. 7.50,000/- which was lateron reduced to Rs. 6,07,741/- for single storey.