S.RATNAVEL PANDIAN - (1.) THESE five appeals by Special Leave under Article 136 of the Constitution of India are preferred against the Judgment and Order dated 6-2-86 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 2274/84 connected with Civil Misc. Writ Petitions Nos. 2983/84, 3860/84, 4558/84 and 3202/84 directing the respondents (appellants herein) to re-determine the cost of the appellants' (respondents herein) flats and instalments payable by them after hearing their grievances.
(2.) SINCE identical contentions are urged in all the appeals, we are rendering a common judgment. As it is said that Civil Appeal No. 2809/86 arising out of Civil Misc. Writ Petition No. 2274/84 is more comprehensive and the facts alleged therein may be taken as representative in character, the facts relating to this appeal are briefly stated :- "The Bareilly Development Authority (hereinafter referred as 'BDA'), the first appellant was constituted under Section 4 of the U. P. Urban Planning and Development Act, 1973 by the State Government for the purposes of development in the District of Bareilly. With a view to easing the acute housing problem in the said District, the BDA has undertaken construction of dwelling units for people belonging to different income groups styled as 'Lower Income Group', 'Middle Income Group', 'High Income Group' and the 'Economically Weaker Sections' (hereinafter referred as LIG, MIG, HIG and EWS respectively). The BDA issued an advertisement offering to register names of intending applicants desirous of purchasing dwelling houses/flats in any one of the different income groups intended to be constructed by the BDA. In this appeal i.e. Civil Appeal No. 2809/86, the respondents 1 to 17 and 20 got themselves registered for allotment of flats in MIG scheme and respondents 18 and 19 in HIG scheme with the BDA in accordance with the terms and conditions contained in the brochure issued by the Authority. The following table of the brochure shows the necessary details inclusive of the estimated cost for the different types of flats under various categories:- JUDGEMENT_116_2_1989Html1.htm The note under the 'General Information Table' given in the said brochure states that the cost shown therein is only estimated cost and it would increase or decrease according to the rise or fall in the price at the time of completion of the houses/flats.
(3.) ALL the respondents registered their names for MIG, HIG and EWS flats as the case may be and made the initial deposit. Thereafter, the respondents in MIG group received identical notices dated 19/20-1-84 from the Secretary, Bareilly Development Authority (second appellant) intimating that the revised cost of houses/flats of MIG group as well as the amount of monthly instalment would be as follows:- JUDGEMENT_116_2_1989Html2.htm Amount of monthly instalment with interestRs. 1,031.50/- 6. By the said notice, the respondents in MIG group were informed that 40% of the houses/flats mentioned in the notice would be given to the allottees who would deposit the entire cost in one cash payment and that the other allottees who intend to buy houses/ flats on the above revised price/ instalment must send by 28-1-84 their written acceptance on the annexed pro forma to the Registration Section of the office of the BDA, otherwise their claims would not be included in the lots to be drawn on 31-1-1984. Except the respondents Nos. 13, 17, 18 and 20, all other. respondents in reply to those notices gave their unequivocal and unconditional written consent. Hence their names were included in the draw and on becoming lucky in the draw, the respondents barring the above 4 were allotted their respective houses. After allotment, they were asked to complete the other formalities and make down payments in accordance with the notice dated 19/20-1-1984, by a further notice dated 3-2-1984 (Annexure 'F'). Similar notices were issued to all the registered allottees for all types of houses and the respondents were also intimated that in case any of the registered persons does not want to purchase the house, his name would not be included in the draw but he would have his choice later on. ;