ISHWAR DUTT DWIVEDI Vs. AWAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) This petition of the year 1989 challenges the demand of enhanced amount towards the price of the house allotted to the petitioner by the Avas Evam Vikas Parishad, hereinafter referred to as the Parishad.

(2.) THE U.P. Awas Evam Vikas Parishad, a body created under the provisions of the U.P. Avas Evam Vikas Parishad Adhiniyam, floated a scheme Own a house under self -financing Scheme in October, 1984. The registration book -let provided types of houses, area of the land, plinth area, estimated cost of the house and the registration fee for Type -IV houses, the cost of which house is the subject matter of consideration in the present writ petition. Type -IV house was to have an area of land of 108.50 metres, out of which built -up area was 40.40 metres and estimated cost was Rs. 65,000 and registration fee was Rs. 7,000. The petitioner, being an eligible prospective allottee, applied for registration of Type -IV house with the Parishad.

(3.) THE petitioner's case is that though he had deposited the entire instalments as per the brochure, but the Parishad delayed the construction of the house for no valid reason and, therefore, the demand of additional cost was wholly arbitrary, illegal and without any basis, not flowing from the terms of the brochure.