- (1.) Heard Shri Rahul Agarwal and Shri Nisheeth Yadav, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri S.S. Pandey holding brief of Shri Vivek Saran, who has accepted notices on behalf of respondent nos. 2 to 4.
(2.) In pursuance to an advertisement dated 09.04.2012 issued by Avas & Vikas Parishad inviting applications for allotment of plots in Vasundhara Yojna, Ghaziabad, petitioner made an application in respect of commercial plot. On 24.04.2012, the petitioner was served with a letter that he has been allotted a commercial plot no. 13/S-2. However, subsequently it transpired that under the master plan, the said area was reserved for residential activities and, thus, as a matter of fact, Avas & Vikas Parishad has wrongly advertised and allotted the same treating it to be a commercial plot.
(3.) Upon an application being made by the petitioner, the Assistant Housing Commissioner passed an order dated 30th August, 2013 stating that after the deposit of the entire allotment money, the land use shall be changed. Subsequently, after the said order, the petitioner was served with another letter dated 17.12.2013 requiring him to make payment of an amount of Rs.46,78,45,872/-. Thus, two contrary letters were issued to the petitioner demanding different amount one dated 12.03.2014 and the other dated 19.12.2014. Again petitioner was informed vide letter dated 15.01.2015 requiring him to deposit 30% of the total allotment money, which works out to be a sum of Rs.13,42,57,500/- and since there was a short fall in the deposit made by the petitioner, he was required to update the deposit.;