MAYA SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has filed the present petition seeking quashing of the impugned notice dated 19.9.2008, (Annexure-5 to the writ petition), whereby the respondent-authorities had issued advertisement calling for applications for allotment of Flat No. 514 (LIG), E-Block, Shyam Nagar (Sujat Ganj), Kanpur Nagar, which was allotted to the petitioner.

(3.) The respondent-Kanpur Development Authority (hereinafter referred to 'Authority') floated Scheme known as 'Sujat Ganj Scheme' for allotment of LIG houses. The petitioner desirous of getting a flat and belonging to the lower income group segments applied for allotment of flat under the aforesaid Scheme and deposited Rs. 15,000/- as registration fees on 08.09.1998. In pursuance of the said application, filed by the petitioner, the Authority allotted the petitioner one LIG Flat No. 514 (LIG), E-Block, Shyam Nagar (Sujat Ganj), Kanpur Nagar vide allotment order dated 01.12.1998. In terms of the said allotment order, the petitioner was informed that the total cost of flat would be Rs. 1,27,526/-. The petitioner was also informed that he has deposited Rs. 15,000/- and he was required to further deposit a sum of Rs. 16,882/- on or before 31.12.1998 which would be 1/4 of the total cost of the flat. It was also indicated that the flat, in terms of the allotment order shall be given on free hold basis and the petitioner was also called upon to pay Rs. 1104/- as lease rent. The petitioner was further called upon to pay Rs. 320/- towards stamp papers on or before 31.12.1998. As regards the balance 3/4 of the amount payable, it was stated that the same is payable in 60 quarterly installments alongwith interest at the rate of 18%, each installment quantified at Rs. 4,634.35. It was also indicated that on failure to deposit any installment 6% additional penal interest would be payable. It was also indicated that failure to pay the installment within six months when the installment fell due would lead to automatic cancellation of the allotment and the amount deposited with the Authority shall be refunded after deducting 5% of the deposits. The installments were payable w.e.f. 01.01.1999.