MUSHK MAHAL RESIDENTIAL COMPLEX WELFARE ASSOCIATION HYDERABAD Vs. HYDERABAD URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) this writ petition is filed by the Mushk Mahal Residential Complex Welfare Association represented by its Chairman seeking the relief of a writ of Mandamus directing the respondent to fix the price of the different types of plots in Mushk Mahal Residential Complex on par with the price fixed to the land in respect of built-up houses in the said complex and in the same scheme.

(2.) The facts leading to the filing of the writ petition are, briefly, as follows: The respondent-Hyderabad Urban Development Authority (for short H.U.D. A.) issued a notification dated 6-10-1977 inviting applications for public sale of developed plots and built-up houses of four categories viz., High-Income Group (H.I.G), Middle Income Group (M.I.G.) Low Income Group (L.I.G.) and Economically Weaker Sections (E.W.S.). Several persons have applied for plots and houses under the four different groups. A draw was conducted by the respondent on 22-2- 198S for allotment of plots and houses. On the basis of the said draw, the allottees have made initial payment of 20% on or before 2-4-1985. The balance amount of 80% had to be paid before 2-6-1985 and the allottees have paid that amount also. The contention of the petitioner is that the respondent issued a newspaper notification on 3-7-1985 calling for a meeting of the allottees on 6-7-1985 in which the respondent declared that the value of the developed plots would be enhanced to Rs.47,000/-. Rs.29,000/-, Rs.12,000/- and Rs.5,500/- for H.I.G.,M.I.G.,L.I.G.,and E.W.S.respectively After protest and bargain, the respondent reduced the prices to Rs.30,000/-, Rs.19,000/-, Rs.9,000/- and Rs.4,000/- respectively. The allottees were not willing to pay any thing more than the original cost as advertised by the respondent in its notification dated 6-10-1977. The respondent issued a notice dated 16-5-1986 calling upon the allottees to pay the differential cost on or before 25-8-1986 and threatening them that on their failure to do so, the allotments stand cancelled without any further notice. Thereupon, the petitioner filed WP.No. 10884 of 1986 challenging the arbitrary increase in the cost of the plots and for quashing the notice dated 16-5-1986. The said writ petition was heard by my learned brother Sardar Ali Khan, J., and while disposing of the writ petition on 30th July, 1987, the learned Judge directed the respondent to furnish all the details with regard to the open plots of land and their prices to the members of the petitioner-Association, who were the genuine allottees after verifying their membership and payments so that there may be some meeting ground between the allottees and the respondent with regard to the fixation of price.

(3.) It is stated by the petitioner that a meeting was held on 15-9-1987 to comply with the orders of the High Court that no written details were furnished supporting the enhancement of price and that when the members asked for the accounts of the first respondent which would justify the enhancement, their request was flatly refused by the respondent It is alleged in the affidavit filed in support of the writ petition that the respondent is not interested in resolving the issue and coming to an amicable settlement that in respect of the lands covered by built-up houses, the respondent has reduced the cost of the construction and land after settlement between both the parties; that the respondent is not entitled to resort to arbitrary fixation of price without justifying the claim for such a price and that there is no other alternative or effective remedy for the petitioner except to approach this court by way of filing a writ petition.