- (1.) Heard Shri Vijay Kumar Rai, learned counsel for the petitioners and Shri Shri Kant appearing for the respondents.
(2.) Challenge in this petition has been made to the demand notice dated 27.03.2002 issued by Assistant Housing Commissioner, U.P. Avas & Vikas Parishad, Ghaziabad requiring the petitioner to deposit a sum of Rs.81,90,151/- by 15th April, 2002, failing which the amount shall be recovered as arrears of land revenue and the allotment made to the petitioner-society dated 15.07.1998 shall be liable to be cancelled.
(3.) Petitioner is a housing society registered with the U.P. Avas & Vikas Parishad (for short as the 'Parishad') on 10.06.1992 having registration no. 1739. A scheme known as Vasundhara Yojna was floated by the Parishad inviting applications for allotment of land to the housing societies registered with it. Petitioner-society made an application dated 21.11.1997 for allotment of 4 acres of land. A letter dated 15.07.1998 was issued by respondent no. 1, Assistant Housing Commissioner, U.P. Avas Evam Vikas Parishad, Ghaziabad making allotment of an area of 2 acres of land in favour of the petitioner-society. The total price of the land under the terms and conditions of the allotment was Rs.2,23,04,448/-. The amount of lease rent for the period of 90 years was fixed as 22,03,448/-. The terms and conditions further provided that the entire amount of the lease rent was to be deposited in lump sum within one month from the date of issue of the demand letter. The terms and conditions also provided that, in case, the entire cost of the land was deposited by 31st March, 1999, the society would be entitled to a rebate of 10%. However, in case, the price of the land is not deposited in lump sum by 31st March, 1999, the same could be paid in 8 instalments of Rs.34,86,191/-. The first instalment was to be paid between 01.08.1998 to 31.08.1998 and the last instalment was to be paid between the period 01.05.2000 to 31.05.2000. On default in making the payment of the instalments, 21% interest was liable to be paid.;