FAST BUILDERS MANAGER UMESH CHANDRA SRIVASTAVA Vs. U P HOUSING & DEVELOPMENT BOARD CHAIRMAN & 3 ORS

JUDGEMENT

(1.) THE instant writ petition has come up before this Bench after nomination as there was a direction of Hon'ble the Supreme Court of India that this matter would be heard by a Bench which has not dealt with earlier at any stage.

(2.) BY means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the opposite parties to execute the sale -deed of the Commercial Plot No.5/CP -101, Sector 5, Indira Nagar, Lucknow in favour of the petitioner forthwith. During the pendency of writ petition, the petitioner added some more reliefs by way of amendment. It was also prayed that a writ in the nature of mandamus restraining the opposite parties from charging any interest in framing the 12 quarterly instalments of 60% of the cost of the plot be issued and further a writ in the nature of certiorari quashing the order dated 11.06.2001 of Housing Commissioner be issued and further a writ in the nature of certiorari quashing the order dated 09.04.2002 passed by Sampatti Prabandh Adhikari be issued. It has also inter alia been prayed that a direction in the nature of mandamus restraining the opposite parties from demanding and charging any amount against plot No.5/CP -101, Indira Nagar, Lucknow be also issued as the sale -deed in respect of the aforesaid plot has already been executed and registered in favour of the petitioner.

(3.) THE brief facts giving rise to this old dispute between the parties arose in the year 1994 when the Commercial Plot No.5/CP -101, Indira Nagar, Lucknow was put to auction by the opposite parties on 06.04.1994. The petitioner participated in the said auction proceedings and deposited the cheque amounting to Rs.14,22,720/ - on 05.04.1994. The petitioner was the highest bidder in the auction sale but inspite of accepting the bid of the petitioner, the opposite parties called him for negotiations on 01.09.1994. After negotiations, the petitioner agreed to amend his earlier terms and conditions and submitted a revised offer on 02.09.1994. The said bid of the petitioner was accepted by the Housing Commissioner with certain amendments and the same was also communicated to the petitioner. Under Condition No.4, it was laid down that 60% cost of the said plot would be paid in 12 trimonthly instalments. It was also made clear that interest would not be charged on the said amount of instalments. Thus, the 60% amount of cost was to be paid in 12 trimonthly instalments without any interest. The first trimonthly instalment was payable on 04.01.1996 and the amount of instalment was Rs.10,19,916/ -. Thus, the petitioner was required to pay a total sum of Rs.92,97,313/ -. Since there was arithmetical mistake in calculation of the amount of instalment, the petitioner vide letters dated 06.10.1994 and 24.11.1994 apprised the opposite parties about the said mistake and requested them to correct the same. It was mentioned in the agreement also that total payment will be made as per final decision taken on the representations of the petitioner dated 06.10.1994 and 25.11.1994. Owing to inaction on the part of the opposite parties, the petitioner preferred a writ petition before this Hon'ble Court being Writ Petition No.3295 (MB) of 1996. A coordinate Bench of this Hon'ble Court vide order dated 14.11.1996 directed the respondents to consider the aforesaid representations of the petitioner and pass appropriate orders expeditiously. During the pendency of the writ petition, the opposite parties rejected the representations of the petitioner by the order dated 11.06.2001 and also issued a notice cancelling allotment of Plot No.5/CP -101.