- (1.) The petitioners, 19 in numbers , have approached this Court seeking a writ of Certiorari to quash the notices dated 09.04.2009, 25.04.2009, 26.05.2009 and 25.06.2009 (Annexure-14 to the writ petition) for payment of outstanding dues of EWS Flats allotted to them by the respondent no. 2 Kanpur Development Authority (hereinafter referred to as the 'Development Authority'). The notices further specified that the calculation mentioned has been made on the basis of One time Settlement (OTS) and if the petitioners intended to take advantage of the said scheme they may deposit Rs.200/- with the prescribed bank and produce the receipt, failing which this benefit of the scheme will not be extended. Further a writ of mandamus has been claimed commanding the respondents to execute sale deed in favour of the petitioners as all the petitioners have deposited entire amount and interest furnished by the respondents vide statement of account/letter dated 13.12.2007.
(2.) Aforesaid reliefs have been claimed in the background of the following facts :
(3.) The petitioners, who belong to the economically weaker section of the society, have applied for flats in pursuance of the advertisement published by the Development Authority in Hindi Daily newspaper 'Dainik Jagran' on 14.09.1987 in respect of Yojna No. 40, Barra Bhag-2, Azad Kutiya, Kanpur Nagar. In accordance with the provisions of the Scheme, the petitioners alleged to have deposited 1/4th of the cost in the UCo Bank and accordingly all the petitioners were issued allotment letters on different dates in the year 1988 and 1989 on a price ranging between 25,500/- to 30,000/-. The allotment letter stipulated a condition that after adjustment of 7600/-, the balance amount would be payable within 20 years in quarterly instalment with 15% interest. The petitioners and various other allottees defaulted in making payment of instalment resulting in a public notice published in 'Dainik Jagran' dated 18.8.2007 requiring all the allottees in arrears of instalment to deposit the balance payable by 22.08.2007, failing which allotment would be cancelled after 23.08.2007. Subsequently, another public notice dated 25.08.2007 was again published in Hindi daily 'Dainik Jagran' stating that 400 allotments of such persons who are defaulters have been cancelled pursuant to the earlier notice dated 18.8.2007. Aggrieved by the aforesaid, the petitioners along with certain other similarly situated allottees had approached this Court by filing writ petition no. 43533 of 2007. A Division Bench of this Court dismissed the writ petition by passing the following orders : "Heard counsel for the petitioners and Sri M.C. Tripathi Advocate on behalf of the Kanpur Development Authority, Kanpur. The petitioners had been allotted flats by the Kanpur Development Authority on a meager prices of Rs.24,000/- to 30,000/-. The allotment letters issued incorporated all the terms and conditions qua such allotment. So far as the petitioner No.1 is concerned, his allotment letter dated 16th June, 1988 Annexure-2 to the writ petition clearly reveals that the flat allotted to him was for a price of Rs.30,000/- and he had deposited a sum of Rs. 7,600/- on the date of allotment, the balance amount had to be paid by him in three monthly equal installments over a span of twenty years. After adjusting the payment of Rs.7,600/- against the total price of 30,000/-, the balance amount Rs.22,400/- had to be paid by the petitioner with 15% interest as indicated above. Admittedly, the petitioner has not deposited a single installment in last 19 years. Under challenge is a show cause notice issued to the petitioners to deposit the entire payment or to vacate the premises. Hence this writ petition. Learned counsel for the petitioner has not replied to the simple question as to under what circumstances, after the allotment, the payment has not been made. Similar is the position of the respondent Kanpur Development Authority. It has no explanation as to under what circumstances it could not show the courage too throw out the petitioners from their possession over the flat in question and could not auction the same to some other persons in case petitioners had not deposited any of the installments whatsoever. Even today the only contention raised is that in one case in similar situation the flat has been allotted at cheaper rate. Therefore, the balance amount of 22,400/- cannot be recovered from the petitioner with interest. Article 14 is for a positive discrimination, it does not envisage in negative equality qua an order passed illegally and for ulterior consideration, there arise no plea of discrimination nor gives a cause to the petitioners to agitate the issue before the Court. Therefore, we not only dismiss this writ petition but also direct the Vice Chairman, Kanpur Development Authority to make the recovery of entire balance amount with interest treating the petitioners to be defaulters from the very beginning and, in case they do not make the entire payment within four weeks, to take possession of the flat forcibly. In such a situation compensation for use and occupation of the flat for all these years must also be determined and recovered. The Kanpur Development Authority to make fresh allotment of the flats in question to some other persons by auction, in case deposit of outstanding amount is not made as indicated above. With the aforesaid observations/ directions the present writ petition is dismissed.";