D. S. Sinha, J. - (1.) THE six petitioners in the instant writ petition, under Article 226 of the Constitution of India, who are applicants for allotment of residential plots in the Vasundhara Yojana, Prahlad Garhi, Ghaziabad of Uttar Pradesh Avas Evam Vikas parishad, Lucknow (hereinafter called the 'parishad'), have approached this Court beseeching the issuance of appropriate writ, order or direction to the respondents to allot them residential plots of more than 80 Sq Ms. in the said scheme on payment of the price of the plots in eight six-monthly instalments and to quash the notification of the parishad, published in the newspaper titled 'Hindustan' on 1st December, 1990, directing the allotment of all the plots having area of more than 80 Sq. Ms. on payment of the price in lump-sum within two months from the date of possession or from the date of allotment, whichever is earlier.
(2.) THE relevant facts, as they emerge from the pleadings of the parties, are as follows. In the year 1985 the parishad invited applications for registration leading to allotment of plots in the Vasundhara Yojana, prahlad Garhi, Ghaziabad The plots open for registration were of two categories, namely, (a) plots measuring upto 80 Sq. Ms., (b) plots measuring more than 80 Sq. Ms. The registration fee for the plots measuring upto 80 Sq. Ms. was rupees one thousand. For the plots measuring more than 80 Sq Ms. the registration fee prescribed was rupees five thousand. Initially, all the petitioners deposited rupees one thousand each opting for registration of their candidature for the plots measuring upto 80 Sq. Ms. Subsequently, the petitioners deported a further sum of rupees four thousand each, besides certain other amount by way of transfer fee and late fee, soliciting the conversion of their candidature for allotment of the plots measuring more than 80 Sq. Ms. The parishad accepted the deposit so made by the petitioners and registered them as applicants for allotment of residential plots measuring more than 80 Sq Ms. in place of their earlier registration for allotment of plots measuring up to 80 Sq. Ms. According to the petitioners, the terms and conditions for allotment of residential plots in the Vasundhara Yojana are contained in the booklet issued by the parishad, a photostat copy where of is Annexure-7 to the petition One of the terms and conditions for allotment of residential plots is that 50% of the total number of the plots measuring more than 80 Sq. Ms. will be allotted against cash payment of the entire price of the plots in lump sura and the remaining 50% of such plots will be open for allotment on payment of price of the plots in eight six- monthly instalments. The petitioners assert that, contrary to the aforesaid condition of allotment of 50% of the total number of the plots mearuring more than 80 Sq. Ms, on the basis of payment of price of the plot in eight six-monthly instalments, the parishad has come out with the impugned notification laying down that all the plots measuring more than 80 Sq. Ms. in the Vasundhara Yojana will be allotted against cash payment of entire price of the plots in lump sum within two months from the date of taking possession or from the date of allotment, whichever is earlier.
(3.) THE twin contentions advanced on behalf of the petitioners are : (a) that the parishad having already given out to the petitioners that 50 percent of the total number of the plots measuring more than 80 Sq. Ms. would be allotted against payment of the price of plot in eight six- monthly instalments is estopped from insisting on allotment of all the plots measuring more than 80 Sq. Ms. against cash payment of of the entire price of the plot in lump-sum basis within two months from the date of possession or from the date of allotment, whichever is earlier; (b) that the condition of allotment of all the plots of more than 80 Sq Ms. in the Vasundhara Yojana against payment of the price of the plot in cash on lump-sum basis within two months from the date of taking possession or from the date of allotment, whichever is earlier, is contrary to the Regulation 28 of the Regulations 1979 framed by the parishad in exercise of its powers under section 95 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 in as much as it exceeds the maximum prescribed limit of 50 percent. Refuting the contentions of the petitioners, it is urged on behalf of the parishad that the registration of the candidature of the petitioners for allotment of plots was subject to the terms and conditions made, changed or relaxed by the parishad from time to time. According to the parishad each of the petitioner had given a solemn and binding declaration, at the time of registration of his candidature, to abide by the terms and conditions made, changed or relaxed by the parishad from time to time. It is further contended that the parishad, having reserved the right to change and relax the terms and conditions regulating the registration of the candidature for allotment of the plot, is free to resort to the procedure of allotment of all the plots measuring more than 80 Sq. Ms. in the Vasundhara Yojana against cash payment of the entire price of the plots on lump-sum basis within two months from the date of possession or from the date of allotment, whichever is earlier, and, in notifying so, by means of the impugned notification, it committed no illegality. In fact, it is acting in conformity with the terms and conditions regulating the registration of candidature for allotment of the plots measuring more than 80 Sq. Ms. with regard to the second contention raised on behalf of the petitioners regarding violation of regulation 28 of the Regulations framed by the parishad, it is pointed out that the contention of the petitioners is based on ignorance of the amendment made by the parishad in Regulation 28 of the Regulations 1979 authorising the allotment of all the plots measuring more than 80 Sq Ms. against cash payment of the entire price of the plots in lump-sum.;