Amar Nath Varma, J. - (1.) THIS bunch of petitions is being disposed by a common judgment as the principal controversies raised therein are identical. The petitions are directed against the orders passed by the Vice -Chairman, Allahabad Development Authority, cancelling the orders of allotment passed in favour of the petitioners in regard to shops constructed by the Development Authority under a self financing scheme floated by it for the construction of a multi -storeyed Commercial Complex in the prestigious Marketing Area situate in the Civil Lines. Allahabad. Applications were invited by the Allahabad Development Authority for registration of the persons interested in the allotment of shops in the aforesaid Commercial Complex. In pursuance of this invitation, the petitioners deposited various sums depending on the storey in which they sought allotment of the shops with the Allahabad Development Authority (ADA for short). In the case of the first petitioners (Smt. Nivedita Singh) a sum of Rs. 15,000/ - was deposited for registration of her application dated May 9, 1984. In course of time letters were issued by the Secretary of the ADA stating that allotment of shops shall take place on August 5 1985 through draw of lots. The petitioners were further required to deposit varying sums (Rs. 20,000/ - in the case of Smt. Nivedita Singh) prior to August 5, 1985 so that their applications might be considered for the allotment of shops on the ground and first floors of the building. The balance was required to be deposited in quarterly instalments of 15% thereof. Annexure 2 in writ petition No. 1958 of 198J filed by Smt. Nivedita Singh is a copy of such a letter dated July 25, 1985 issued to her. Identical letters were issued to others. Writ Petition No. 4958 of 1987 shall be treated as the leading case as the factual picture projected by it is materially the same as in the other cases. The difference, if any, updates or amounts are inconsequential. The allotment orders and the demand notices issued from time to time are also expressed in the same terms in all the cases.
(2.) THE letter dated July 25, 1985 was followed by the order of allotment dated August 16/23 1985 laying down the terms and conditions of allotment. As the principal the ust of the petitioners' counsel revolved round the terms and conditions of these allotment orders, we shall have a closer look at the same. It begins with the recital that in pursuance of the application for allotment, the shop specified therein was being allotted to the concerned petitioner upon terms and conditions laid down therein. Condition no 2 of this order mentions the estimated cost of these shops, which was Rs. 98,310/ - in the case of Smt. Nivedita Singh. Adjusting Rs. 35,000/ - (made up of Rs. 15,000/ - paid towards registration and a further sum of Rs. 20,000/ - deposited as demanded prior to allotment) there remained a balance of Rs. 63,310/ - which, together with interest thereon at the rate of 19% per annum was required to be deposited in six quarterly instalments. It is also mentioned that the allottee shall be shortly informed about these instalments, which, in the context, meant that the A.D.A. shall work out the precise amounts of these instalments as well as the dates by which the same may be deposited and inform the allottees about it. Leaving out the terms not material for our purpose we come to the all important condition No. 9 which says that in the event of the quarterly instalments not being deposited by the allottee within time they shall carry an additional interest at the rate of 15% per annum. Further, if the instalments are not deposited on time, the A.D.A. shall have the right to cancel the allotment order and to take back possession from the allottee with the added liability of the registration amount being forfeited.
(3.) THESE allotment orders were followed by identical letters issued to each of the petitioners in December 1985 whereby they were informed of the final costs of the shop as well as the exact amount remaining due after taking into account the registration amount as well as the amount required to be deposited before the allotment of shops. The letters also stated that the allottees may deposit the amount representing 30% of the balance mentioned therein by the end of December and that the next instalments shall fall due in the first quarter of 1986. These letters purported to convey the information about the instalments which was undertaken by the A.D.A. under the allotment orders the relevant part whereof has been quoted above. The striking feature to be noticed here is that the letters demanded the allottees to deposit 30% of the balance within less than one month whereas the representation made by the A.D.A. under the allotment orders was that the balance shall be payable in six quarterly instalments.;