MAHESH KUMAR BAJPAI Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN the year 1978, Kanpur Development Authority, Kanpur (in brief the authority) floated a scheme known as Barrah Grih Nirman Yojna-III, for construction of 111 houses for persons of middle income group on "no profit no loss basis. " A brochure was also issued laying down terms and conditions for the allotment of the said houses. The authority constructed as many as 111-M. I. G. houses under the said scheme. It invited applications for allotment of these houses as per terms and conditions contained in the brochure, fixing the estimated cost of each house as rs. 48,000/ -. The petitioner and several other persons who were willing to have their own houses applied for allotment of the houses in the aforesaid scheme. They also deposited Rs. 500/- as earnest money on 29. 9. 1978. After about seven years, on 24. 12. 1994, the respondents issued letters to the petitioners demanding the enhanced final cost of the hoses viz. , Rs. 2,08,000/-as against the estimated cost of Rs. 48,000/ -.

(2.) WE have heard Sri Anoop Trivedi, learned Counsel for the petitioner and Sri M. C. Tripathi learned Counsel appearing for the respondents No. 1 and 2.

(3.) HAVING heard learned Counsel for the petitioner as well as Sri M. C. Tripathi, learned Counsel appearing for the respondents, we find that for the delay in allotment of the houses, the petitioner could not be blamed because they had applied for allotment of the houses well within the stipulated period and also deposited the earnest money as required by the terms and conditions mentioned in the brochure.