NIRMALA DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) The U. P. Housing Development Board, Lucknow has constructed some houses for the benefit of persons belonging to the category of Middle Income Group (M.I.G.) of Gorakhpur. The persons belonging to MIG must not have annual income beyond Rs. 18,000/-. The petitioner who belongs to that category has applied for one of the houses. She made the application in 1980, along with registration fee of Rs. 5000/-. She was, then intimated that the appromixate cost of the house would be within the range of Rs. 27,000/- to Rs. 32,000/- which was required to be payable in 144 monthly instalments of Rs. 265/- to Rs. 340/- spread over to 12 years. She was asked to pay interest at the rate of 10% to 11% interest.

(2.) In 1985, the petitioner was allotted a house bearing No. A-275. She was asked to pay the first instalment in a sum of Rs. 2000/-inclusive of other charges. She was served with a notice directing to deposit Rs. 26,448.25 before July, 31,1985. In the said notice it has been stated that the approximate cost of the house has been increased from Rs. 32,000/-to Rs. 1,17,465/-and the rate of interest has been enhanced from 10% to 15.5%. The period for payment of instalments has been reduced from 144 months to 120 months. The monthly instalment has been determined at Rs. 1358.25 instead of Rs. 265/--.

(3.) Challenging the validity of the demand made, the petitioner has approached this court for relief under Article 226 of the Constitution.