- (1.) In pursuance of advertisement issued by U.P. Avas Evarn Vikas Parishad Lucknow (hereinafter referred to as the Parishad) the petitioners of these writ petitions got themselves registered with the Parishad after paying registration fee etc. for purchasing various types of houses to be constructed by the Parishad under various schemes such as self financing scheme, hire-purchase scheme etc. At the time of registration the petitioners were given brochure containing terms and conditions for purchasing houses under various schemes of the Parishad to which they agreed by consent letters. Some of these terms and conditions are as follows :- (i) Cost of the houses as shown is only approximate and it may increase or decrease after construction of the houses. (ii) If the payment is not made within the specified period the defaulter is liable to pay 18% additional interest. (iii) If there is default in making the payment for a period of six months, the registration shall come to an end automatically. (iv) Under the ordinary circumstances the houses will be allotted within two years from the date of registration, but the Parishad will neither be responsible for the delay in the construction nor would be liable to pay any interest on the amount already deposited. (v) In the matter of registration and allotment of house, the Housing Commissioner will have full power to relax any of the terms and conditions contained in the Brochure and his decision will be final.
(2.) In accordance with these terms and conditions, the petitioners have entered into agreement with the Parishad for purchasing houses under Self-financing scheme or Hire-purchase scheme and are required to make the payments according to the schedule fixed by the Parishad. The Parishad has now issued letters to the petitioners requiring them to deposit the prices of the houses allotted to them. The price, which is sought to be recovered by the Parishad is much higher than the price shown in the brochure. The petitioners have filed these writ petitions challenging the enhanced prices of the houses and have prayedfor quashing the letters/orders of the Parishad, increasing prices of the houses and for writ in the nature of mandamus commanding the Parishad to make the allotment without effecting the impugned enhancement.
(3.) At the admission stage the Parishad has filed counter-affidavit and petitioners have filed rejoinder affidavit and these writ petitions are being disposed of finally in accordance with rules of the Court. As the question involved in these writ petitions are the same they are being decided by a common judgment.;