- (1.) O. P. Jain, J. This petition, under Article 226 of the Constitution of India, has been filed by seventeen petitioners who (except Nos. 5 and 7) are senior mem bers of the teaching staff of Aligarh Mus lim University. They are allotees of houses constructed by Aligarh Development Authority (hereinafter called ADA) which is respondent No. 1. The ADA advertised a scheme known as Dodpur Mafi Self Financing Scheme for persons belonging to Middle Income Group (MIG) and Higher Income Group (HIG ). The terms and conditions are given in a Book let/brochure which was supplied to the applicants.
(2.) ALL the petitioners got themselves registered for MIG Flats. The cost of MIG flat on ground floor and first floor was shown as Rs. 1, 40, 000 and Rs 1, 24, 000 respectively. Initially registration fee of Rs 12, 000 and Rs. 15, 000 for first floor and ground floor respectively was deposited by the petitioners on 16th December, 1985 though some of them joined the scheme at a later date and the registration fee was paid by them later. The remaining amount was to be deposited by the allottees in six quarterly instalments. According to the petitioners, as surance was given to them that the flats will be constructed and possession will be handed-over to them within a period of two years. The demand for first instalment was made by ADA on 16th May, 1987 and it requested the allottees to deposit the first instalment of Rs. 20, 000 by 5th June, 1987. The dates on which different instal ments were paid by different petitioners are given in a Chart which is Annexure RA-1 to the rejoinder-affidavit. In June, 1991 the petitioner Nos. 2, 3 and 4 received notices, copies whereof are appended to the petition as Annexure-10-A, 10-B, 10-C and 10-D, whereby they have been informed of the increase in the initial estimated cost of the construction of the flats and calling upon them to pay the difference between the amount paid and the increased cost. The sum demanded for MIG first floor and MIG ground floor is Rs. 1, 60, 000 and Rs. 1, 81, 000 respective ly.
(3.) THE petitioners have prayed that a writ of certiorari be issued quashing notices Annexure 10-A to Annexure 10-D. THEy have also prayed for a writ of man damus commanding the respondents to fix the price of the flats as stipulated in the Booklet/brochure supplied to them and to execute the lease-deeds in favour of the petitioners. Counter and rejoinder-affidavits have been exchanged between the parties and we have heard Sri VB. Singh and Sri RS. Baghel learned Counsel appearing for the petitioners and Sri Ramesh Chandra Upadhyay learned Counsel appearing for respondents No. 1 and 2.;