KAMLA NAGAR, H.I.G. FIATS RESIDENTS ASSOCIATION, AGRA Vs. U.P. AVAS EVAM VIKAS PARISHAD, THROUGH HOUSING COMMISSIONER, LUCKNOW AND OTHERS

JUDGEMENT

(1.) We have heard learned counsel for the petitioner Mr. A.K. Yog and the learned counsel for the U.P. Avas Evam Vikas Parishad Mr. N. L. Ganguly at some length. In our opinion no case is made out for exercising our powers under Article 226 of the Constitution either for admitting the writ petition for hearing or for granting the relief sought for by the petitioners.

(2.) The main grievance of the petitioners is that escalation of cost of the flats is enormous and arbitrary. He also complained that the workmanship was of very poor quality and certain amenities like sewer, drain and water connection, which were part of the contract, had not been made Mr. N. L. Ganguly pointed out that the members of the petitioners Society have yet to clear off the amount due from them by way of instalments. Further, the contract itself indicated that the escalation of price was visualised and the allotment had bound them to pay the same and, as such, the petition is not maintainable.

(3.) We find no merits in any of the contentions raised by the learned counsel for the petitioners. The entire transaction in respect of the allotment of the flats was contractual and escalation of price was a part thereof. The petitioners may complain about poor workmanship or lack of amenities to the authorities concerned, but the same is not liable to be agitated in a writ petition. We, therefore, decline to grant the relief as prayed for in this petition.