PRADEEP KANT AND RAJIV SHARMA, JJ. - (1.) This petition of the year 1989 challenges the demand of enhanced amount towards the price of the house allotted to the petitioner by the Avas Evam Vikas Parishad, hereinafter referred to as the Parishad.
(2.) THE U.P. Awas Evam Vikas Parishad, a body created under the provisions of the U.P. Avas Evam Vikas Parishad Adhiniyam, floated a scheme Own a house under self -financing Scheme in October, 1984. The registration book -let provided types of houses, area of the land, plinth area, estimated cost of the house and the registration fee for Type -IV houses, the cost of which house is the subject matter of consideration in the present writ petition. Type -IV house was to have an area of land of 108.50 metres, out of which built -up area was 40.40 metres and estimated cost was Rs. 65,000 and registration fee was Rs. 7,000. The petitioner, being an eligible prospective allottee, applied for registration of Type -IV house with the Parishad. The relevant paragraph/provisions of the brochure for the purpose of the present case are as under: Para 1 of the brochure gave the estimated cost alongwith the area of land, plinth area and the registration fee. In Para 1 -3, it was provided that the aforesaid cost of the house was estimated, which can stand increased or decreased as per the actual cost incurred. In Para 8 -1, the manner of payment of the estimated cost and the period, during which it was to be paid, was detailed. The prospective allottee was to deposit the amount of registration fee of Rs. 7,000 and within one month from the date of registration, he was to make the payment of Rs. 14,000 and thereafter instalments of Rs. 14,000 were to be paid every four months but before possession was to be delivered, the difference of the amount of the cost as against the estimated cost and the actual cost was to be paid. On failure on the part of the allottee to make such payment, he was liable to pay the interest as provided therein on the unpaid amount. Para 9.3 said that the house would be allotted within two years from the last date of registration but if for any unavoidable reasons, any delay takes place in construction of the houses, the Parishad would not be responsible for such delay nor it would be liable to pay any interest on the amount deposited.
(3.) THE petitioner's case is that though he had deposited the entire instalments as per the brochure, but the Parishad delayed the construction of the house for no valid reason and, therefore, the demand of additional cost was wholly arbitrary, illegal and without any basis, not flowing from the terms of the brochure.;