- (1.) M. Katju, J. By means of this petition the petitioner has prayed for a writ of certiorari to quash the impugned order dated 27-8-1998 Annexure-9 to the writ petition to the extent that it directs realization of additional payments from the allottees/buyers of plots in the 3rd phase of the Rapti Nagar Awasiya Yojna on the basis of fresh costing after remand of the matter by the High Court.
(2.) HEARD learned Counsel for the parties. In the year 1989 the Gorakhpur Development Authority (hereinafter called GDA) floated a scheme called Rapti Nagar Awasiya Yojna. Details of the scheme regarding sale of different types of plots are contained in the information brochure copy of which is Annexure-1 to the writ petition. According to the brochure the average estimated selling price of the plots was Rs. 20 per sq. ft. It was mentioned that the actual price would be intimated before delivery of possession and difference between the estimated price and the actual price had to be paid by the allottee before taking possession. It is alleged in paragraph 4 of the writ petition that by letter dated 1-5-1989 the petitioner and another were informed that rental cost worked out to 19. 50 per sq. ft. vide Annexure-2 to the writ petition. The petitioner applied for allotment of a plot in the 3rd phase of the Yojna and following the draw of lots on 28-12-1990 the petitioner was allotted plot No. 18 measuring 240 sq. mts. in the Doctors Enclave by letter dated 3-12-1990.
(3.) THE petitioner was informed by the GDA that he has been allotted the aforesaid plot and the total cost of the same was Rs. 55,541. 85p. He was asked to complete the formalities regarding taking possession vide Annexure-3 to the writ petition. Another letter dated 12-12-1990 was issued by the respondent No. 3 to the petitioner informing him that he had been allotted plot No. 18 at the Doctors Enclave in the Yojna and he should take possession of the plot by 15-12-1990 failing which he has to pay supervision charges vide Annexure-4 to the writ petition. In pursuance of that letter the petitioner was given possession of the plot on 12-12-1990 vide deed of possession Annexure-5 to the writ petition. It is stated in paragraph 9 of the petition that the petitioner was put in possession of plot No. 18 measuring 240 sq. mts. on 12-12-1990 against payment of full consideration and in fact the petitioner has paid in excess. THEreafter, a regular lease deed in respect of the aforesaid plot was executed by the Gorakhpur Development Authority on 22-5-1993 vide Annexure-6 to the writ petition. In paragraph 11 of the petition it is stated that thereafter, the petitioner submitted a map/layout plan for construction of a residential house on the said plot and the same was approved by the GDA. The petitioner began construction also. Thereafter, the State Government by an order dated 10-5-1995 and 24-5-1995 decided that lease land given by various development authorities would be converted to free hold property on demand of 2% of the price of the property. It is alleged in paragraph 13 of the petition that the petitioner has already deposited 10% of the price as lease rent though he had to deposit only 2% and hence, the balance was excess deposit. Thereafter, the lease deed was converted into free hold deed dated 18-5-1996 vide Annexure-7 to the writ petition. It is alleged in paragraph 14 of the petition that thus the entire transaction between the GDA and the petitioner stood finally completed and the petitioner became full owner of the property free from all encumbrances.;