RAJENDRA SINGH YADAV Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN September, 1985 the Allahabad Development Authority, Allahabad decided to build 27 three storied residential houses in Naseebpur Bakhtiari at Ashok Nagar, Allahabad under ' Mini Middle INcome Group '. The construction of these houses was decided to be under the ' Self Financing Scheme. ' On pursuance of this decision, advertisement inviting applications for registration of candidature for the houses was issued. From the averments made in the Supplementary Counter Affidavit filed on behalf of the respondents, it appears that the said advertisement received poor response and as such in its meeting held on 15th March, 1986 the Allahabad Development Authority decided that the construction of the aforesaid houses be converted from ' Self Financing Scheme ' into 'Hire Purchase Scheme '.

(2.) CONSEQUENTLY an advertisement was issued on behalf of the Allahabad Development Authority, Allahabad inviting applications for registration of the candidature for allotment of the aforesaid houses on ' Hire Purchase ' basis by 31st July, 1986. The advertisement, inter alia, held out that there would be provision for reservation of flats for the candidates belonging to backward class. According to the petitioners such reservation was to the extent of 15 per cent. The petitioners contend that out of the total flats to be constructed under this scheme 5 flats were to be reserved for the candidates belonging to backward class. The factum of reservation and the percentage thereof has not been denied by the respondents in the counter-affidavit. However, according to the respondents, the number of the flats to be reserved for people belonging to backward class was 4 and 5 as asserted by the petitioners.

(3.) THE petitioners are aggrieved by the above action of Allahabad Development Authority, Allahabad and have invoked the jurisdiction of this Court under Article 226 of the Constitution of India. THEy have prayed for the issue of a writ of certiorari quashing the notice dated 28th January, 1987 (Annexure IV to the petition) and for issue of a writ of mandamus commanding the respondents to allot one flat to each of the petitioners under ' Hire Purchase Scheme ' as directed by Sri J N. Dwivedi, the Vice Chairman of Allahabad Development Authority, Allahabad on 25th October, 1986.