N.K. Mehrotra, J. - (1.) These two writ petitions have been filed by Dr. K.K. Mehrotra, his wife Smt. Madhu Mehrotra and daughter Dr. Anu Shree Mehrotra for issuing a writ in the nature of certiorari quashing the order dated 30-7-2004 (Annexure No. 16 in Writ Petition No. 3712 (M/S) of 2004) and Annexure No. 4 in Writ Petition No. 578 (M/S) of 2005).
(2.) The brief facts of these two writ petitions are that Ghaziabad Development Authority (hereinafter referred to be as 'GDA') sponsored a scheme known as Ghaziabad Development authority's residential plot Scheme Vaishalj Code No. 583 for allotment of the residential plots and houses. According to the petitioner Dr. K.K. Mehrotra, he applied as Karta of undivided Hindu Family (hereinafter referred to as 'HUF) for allotment of a Flat on 15-2-1990 after depositing the Registration charges. The G.D.A. allotted a duplex house in Vaishali Apartment Scheme on 16-7-1991. Dr. K.K. Mehrotra moved an application on 17-7-1991 for allotment of the residential plot in lieu of the duplex house. The prayer of Dr. K.K. Mehrotra was allowed and the was allotted a residential plot in Indira Puram Scheme, Ghaziabad Development Scheme. After the order dated 20-7-1991, by which the prayer for change of duplex house in the residential plot was accepted, Dr. K. K. Mehrotra was neither intimated the plot number allotted to him nor the payment schedule till 26-7-2003 in spite of various reminders by Dr. K. K. Mehrotra. It was on 26-7-2003 that Dr. K. K. Mehrotra was conveyed about plot No. GK-1/154 having an area of 347.71 Sq. Meters in Indira Puram Scheme of Ghaziabad Development Scheme alongwith payment schedule at the rate of 2003. Dr. K. K. Mehrotra represented to the G.D.A. to fix the payment schedule in accordance with the rate of 1991 when the plot was allotted to him. When the G.D.A. did not take any action, Dr. K.K. Mehrotra filed a revision under Section 41 of the U.P. Urban Planning and Development Act, 1973 before the State Government, Dr. K.K. Mehrotra thereafter filed a Writ Petition No. 1955 (M/B) of 2004 which was finally disposed of on 19-4-2004 with a direction to the opposite party No. 1 to consider and decide the revision filed by the petitioner in accordance with law within two months. The G.D.A. issued a letter dated 12-4-2004 intimating Dr. K.K. Mehrotra that the allotment of the plot in favour of the petitioner has been cancelled as the wife of the petitioner namely; Smt. Madhu Mehrotra had earlier been allotted a plot and he was directed to take the refund of the money in deposit. After the receipt of the letter, the petitioner sent a reply to the G.D.A. stating therein that he had applied for allotment of the plot as a Karta of HUF while the other plot was allotted in the name of Smt. Madhu Mehrotra and Km. Anu Shree Mehrotra. Both were allotted the plots in different capacity. It is alleged by Dr. K. K. Mehrotra that the status of both Dr. K.K. Mehrotra and his wife Smt. Madhu Mehrotra as applicant is different.
(3.) The case of Smt. Madhu Mehrotra and Dr. Anu Shree Mehrotra is that they had applied for allotment of flat jointly and the G.D.A. had allotted a duplex house in Vaishali Apartment Scheme. Smt. Madhu Mehrotra had also applied for change of the flat into a plot. The request of Smt. Madhu Mehrotra was also accepted in the year 1991 and she was allotted a residential plot in the same Indira Puram Scheme. This plot No. SK-IV/728 is of the area of 200 sq.meters. Smt. Madhu Mehrotra was also not conveyed about the payment schedule for a period of 12 years. Smt. Madhu Mehrotra also made various representations and had deposited the amount towards the costs of the plot as per rules prevailing in the year 1991 when the plot was allotted. When no action was taken for revising the rates, Smt. Madhu Mehrotra also filed a revision before the State of U.P. When the revision was not being decided, Smt. Madhu Mehrotra filed Writ Petition No. 1954 (M/B) of 2004 which was disposed of finally with a direction to the opposite party No.1 to decided the same within a period of two months. The State of U.P. dismissed the revision alongwith the revision filed by Dr. K. K. Mehrotra by the same order. In the revision, it has been held that Smt. Madhu Mehrotra has been allotted a plot of 200 sq. Meters in Indira Puram Scheme and both husband and wife cannot be allotted separate plots in the same scheme or in the area of the same development authority. It was also held that Smt. Madhu Mehrotra should be called upon to pay the price of the plot calculated at the rate applicable in 2003.;