- (1.) In this writ petition filed under Art.226 of the Constitution, the petitioners who are thirty nine in number have sought a writ of mandamus directing the respondents not to charge from them the prices of the houses in excess of the prices originally fixed and to return to the petitioners the amount already recovered from them in excess etc.
(2.) In the years 1979 and 1981 U.P. Avas Evam Vikas Parishad, respondent No. 2, which is hereinafter referred to as Vikas Parishad, invited applications for registration for allotment of residential houses under various schemes. In response, the petitioners got themselves registered under M.I.G., H.I.G. and L.I.G. houses scheme and deposited the registration fees. In 1979 the cost of the L.I.G. house, M.I.G. 'A' house, M.I.G. 'B' houses and H.I.G. house was stated to be Rs. 18,000/- to Rs. 22,000/-, Rs. 28,000/- to Rs. 30,000/-, Rs. 46,000/- to Rs. 50,000/- and Rs. 80,000/- to Rs. 1,20,000/- respectively. In the year 1981 the prices of the said houses were specified as Rs. 18,000/- to Rs. 22,000/, Rs. 27,000/- to Rs. 32,000/-, Rs. 46,000/- to Rs. 55,000/- and Rs. 80,000/- to Rs. 1,20,000/- respectively. Subsequently when the houses were constructed and the aforesaid Vikas Parishad invited applications for allotment of houses, the petitioners submitted the said applications and they were successful in the draw of lots for the allotment of the said houses. In the years 1984 and 1985 the Vikas Parishad sent demand notices to the petitioners according to which the prices of the aforesaid L.I.G. houses, M.I.G. 'A' houses, M.I.G. 'B' houses and H.I.G. houses were increased to Rs. 42024/-, Rs. 105014/-, Rs. 106929/- and Rs. 245820/- respectively. The petitioners in this petition have challenged that the respondents could not enhance the cost, interest and instalments of the houses. The respondents have filed a Counter-affidavit in which it has been stated that when the applications for registration of the houses under the various categories were invited, the prospective allottees were informed that the cost of the houses mentioned in the Brochure was approximate and same was liable to variation. They have also furnished date to show that the revision of the cost of the houses due to escalation of prices was fair and reasonable.
(3.) We have heard learned counsel for the parties and have perused the record.;