DAVINDRA KUMAR Vs. LUCKNOW VIKAS PRADHIKARAN

JUDGEMENT

(1.) The dispute in this case relates to plot no.487 M. I. G. Vijay Kund, Gomtinagar, Lucknow. It is not in dispute that a sum of Rs.4,000/- was deposited by the complainant in 1982 and in 1985. The plot referred to above was allotted to him. The price had to be paid in instalment of Rs.7,960/- each. The record of the case reveals that the scheme, under which plot was to be given was challenged before, the High Court. On the ground that the scheme was illegal. The case before the High Court remained pending for quite some time and the final order approving the scheme was passed by the. Supreme Court of India. It was stated before us that in the meantime allotment was cancelled for non payment of instalment.

(2.) We have heard the parties to the case and we are of the view that cancellation of allotment is illegal. As long as the validity of the scheme was under challenge, the complainant could not be. expected as a reasonable person to invest his money a scheme, which was under challenge before, the High Court and the Supreme Court. In this way the non-payment of instalment so far, will not justify the opposite party to cancel the allotment.

(3.) We direct the Opposite Parties to issue notice to the complainant calling upon him to pay the instalments in respect of the plot in question by clearly indicating the dates on which each instalment become due alongwith the amount taking into consideration interest also. The amount of interest will be calculated at the rate of 12% per annum for the. period between the original date of payment of respective instalment the date now being fixed by the L. D. A. It is, however, clarified that the plot in question shall be supplied to the complainant at the rate prevailing on the date of allotment in favour of complainant. Since the allotment has been illegally cancelled we restore the allotment of the plot in favour of the complainant on payment of instalment, as given above and as shall he now payable on dates to be now intimated by the Opposite Party.