A. K. Yog, J. - (1.) -Above, writ petition, listed along with several other petitions on the statement made by the learned counsels appearing for respective parties that since sole question of law, arising in all these cases is one and identical in all respect hence they be decided together. As desired by the learned counsels for the parties, appearing in these cases, facts of each individual case need not be stated.
(2.) PETITIONERS are allottees of flats under various Self-Financing Scheme floated by U. P. Avas Evam Vikas Parishad, Lucknow/Regional Offices in various districts of the State of U. P. (called 'Parishad') as well as Development Authorities constituted under Urban Regulation of Building Operation Act (called Authority). There is no dispute either in the Schemes floated by Parishad or the Authority that land in question belong to said Parishad/Authority. Applications were invited from the persons desiring to have allotment and finally to purchase residential flats on certain terms and conditions, relevant schemes including deposition of 'estimated price' of allotted flats as per schedule/revised schedule. Since availability of flats under those Self-Financing Schemes fell short, the applicants were subjected to an accepted mode of allotment through lottery to determine priority and observance of terms and conditions of the scheme. For sake of convenience, we shall refer to the record of Writ Petition No. 25486 of 2003, Lokendra Kumar Tyagi and others v. State of U. P. and others.
(3.) COPY of the Brochure, containing terms and conditions of allotment of Self-Financing Scheme, called "Vasundhara Complex, Ghaziabad", is Annexure-1 to this writ petition. The Brochure in question comprised of maps indicating details of the flats to be constructed, the plinth area, size of rooms, Kitchen, Toilet, both on ground floor and other floors. It also declared registration fee in instalment, schedule, etc. It also mentioned expected date of start of construction and expected date of completion of flats. Registration and allotment under the scheme contemplates 'terms and conditions' of surrender of allotment and to withdraw from the scheme.;