Mamta v. Property Officer, U. P. Avas Evam Vikas Parishad Vashundhara Yojna, Prahlad Garni
1991-11-23
D.S.SINHA, S.K.DHAON
body1991
DigiLaw.ai
JUDGMENT D. S. Sinha, J. 1. The six petitioners in the instant writ petition, under Article 226 of the Constitution of India, who are applicants for allotment of residential plots in the Vasundhara Yojana, Prahlad Garhi, Ghaziabad of Uttar Pradesh Avas Evam Vikas parishad, Lucknow (hereinafter called the 'parishad'), have approached this Court beseeching the issuance of appropriate writ, order or direction to the respondents to allot them residential plots of more than 80 Sq Ms. in the said scheme on payment of the price of the plots in eight six-monthly instalments and to quash the notification of the parishad, published in the newspaper titled 'Hindustan' on 1st December, 1990, directing the allotment of all the plots having area of more than 80 Sq. Ms. on payment of the price in lump-sum within two months from the date of possession or from the date of allotment, whichever is earlier. 2. The relevant facts, as they emerge from the pleadings of the parties, are as follows. In the year 1985 the parishad invited applications for registration leading to allotment of plots in the Vasundhara Yojana, prahlad Garhi, Ghaziabad The plots open for registration were of two categories, namely, (a) plots measuring upto 80 Sq. Ms., (b) plots measuring more than 80 Sq. Ms. The registration fee for the plots measuring upto 80 Sq. Ms. was rupees one thousand. For the plots measuring more than 80 Sq Ms. the registration fee prescribed was rupees five thousand. Initially, all the petitioners deposited rupees one thousand each opting for registration of their candidature for the plots measuring upto 80 Sq. Ms. Subsequently, the petitioners deported a further sum of rupees four thousand each, besides certain other amount by way of transfer fee and late fee, soliciting the conversion of their candidature for allotment of the plots measuring more than 80 Sq. Ms. The parishad accepted the deposit so made by the petitioners and registered them as applicants for allotment of residential plots measuring more than 80 Sq Ms. in place of their earlier registration for allotment of plots measuring up to 80 Sq. Ms. 3.
Ms. The parishad accepted the deposit so made by the petitioners and registered them as applicants for allotment of residential plots measuring more than 80 Sq Ms. in place of their earlier registration for allotment of plots measuring up to 80 Sq. Ms. 3. According to the petitioners, the terms and conditions for allotment of residential plots in the Vasundhara Yojana are contained in the booklet issued by the parishad, a photostat copy where of is Annexure-7 to the petition One of the terms and conditions for allotment of residential plots is that 50% of the total number of the plots measuring more than 80 Sq. Ms. will be allotted against cash payment of the entire price of the plots in lump sura and the remaining 50% of such plots will be open for allotment on payment of price of the plots in eight six- monthly instalments. The petitioners assert that, contrary to the aforesaid condition of allotment of 50% of the total number of the plots measuring more than 80 Sq. Ms, on the basis of payment of price of the plot in eight six-monthly instalments, the parishad has come out with the impugned notification laying down that all the plots measuring more than 80 Sq. Ms. in the Vasundhara Yojana will be allotted against cash payment of entire price of the plots in lump sum within two months from the date of taking possession or from the date of allotment, whichever is earlier. 4. The twin contentions advanced on behalf of the petitioners are : (a) that the parishad having already given out to the petitioners that 50 percent of the total number of the plots measuring more than 80 Sq. Ms. would be allotted against payment of the price of plot in eight six- monthly instalments is estopped from insisting on allotment of all the plots measuring more than 80 Sq. Ms. against cash payment of the entire price of the plot in lump-sum basis within two months from the date of possession or from the date of allotment, whichever is earlier; (b) that the condition of allotment of all the plots of more than 80 Sq Ms.
Ms. against cash payment of the entire price of the plot in lump-sum basis within two months from the date of possession or from the date of allotment, whichever is earlier; (b) that the condition of allotment of all the plots of more than 80 Sq Ms. in the Vasundhara Yojana against payment of the price of the plot in cash on lump-sum basis within two months from the date of taking possession or from the date of allotment, whichever is earlier, is contrary to the Regulation 28 of the Regulations 1979 framed by the parishad in exercise of its powers under section 95 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 in as much as it exceeds the maximum prescribed limit of 50 percent. Refuting the contentions of the petitioners, it is urged on behalf of the parishad that the registration of the candidature of the petitioners for allotment of plots was subject to the terms and conditions made, changed or relaxed by the parishad from time to time. According to the parishad each of the petitioner had given a solemn and binding declaration, at the time of registration of his candidature, to abide by the terms and conditions made, changed or relaxed by the parishad from time to time. It is further contended that the parishad, having reserved the right to change and relax the terms and conditions regulating the registration of the candidature for allotment of the plot, is free to resort to the procedure of allotment of all the plots measuring more than 80 Sq. Ms. in the Vasundhara Yojana against cash payment of the entire price of the plots on lump-sum basis within two months from the date of possession or from the date of allotment, whichever is earlier, and, in notifying so, by means of the impugned notification, it committed no illegality. In fact, it is acting in conformity with the terms and conditions regulating the registration of candidature for allotment of the plots measuring more than 80 Sq. Ms.
In fact, it is acting in conformity with the terms and conditions regulating the registration of candidature for allotment of the plots measuring more than 80 Sq. Ms. with regard to the second contention raised on behalf of the petitioners regarding violation of regulation 28 of the Regulations framed by the parishad, it is pointed out that the contention of the petitioners is based on ignorance of the amendment made by the parishad in Regulation 28 of the Regulations 1979 authorising the allotment of all the plots measuring more than 80 Sq Ms. against cash payment of the entire price of the plots in lump-sum. 5. Having carefully considered the rival contentions of the parties and their pleadings, we are clearly of the opinion that none of the two contentions advanced on behalf of the petitioners can be sustained. 6. It is rot disputed that the matter of registration of the candidature for allotment of the plots of the parishad and the allotment of the plots is regulated by the terms an J conditions contained in the booklet, a photostat copy whereof is Annexure-7 to the petition. At page 31 of the booklet, it is stipulated that the matter of registration and allotment of plots of the parishad would be regulated by the "Uttar Pradesh Avas Evam Vikas parishad Dwara Avasiya Bhukhando Evam Bhavano Ke Panjikaran Evam Avantan Sambandhi Viniyamavali, 1979", hereinafter called the Regulations 1979. IT is further provided that the amendments made in the Regulations 1979, from time to time, shall also apply. Paragraph II of the general information contained in the booklet also provides that parishad has right to change and relax any of the terms and conditions mentioned in the booklet, at its discretion; Admittedly, each of the petitioners applied for registration of the plot in prescribed form and gave a solemn and binding declaration/undertaking agreeing, inter-aliea, to abide by all the Rules and terms of the parishad in respect of the registration and allotment of the plots. IT is thus clear that parishad had reserved its right to change any of the terms and conditions in respect of the registration and allotment of the plots; and that the petitioners had, unequivocally, agreed to abide by every terms and conditions, including the one modified or amended by the parishad in its discretion.
IT is thus clear that parishad had reserved its right to change any of the terms and conditions in respect of the registration and allotment of the plots; and that the petitioners had, unequivocally, agreed to abide by every terms and conditions, including the one modified or amended by the parishad in its discretion. The petitioners, having agreed to abide by all the terms and conditions made, changed or relaxed by the parishad from time to time and the parishad having registered their candidature for allotment of the plots on the basis of and acting upon their aforesaid agreement, cannot be allowed to challenge the change of conditions of the allotment of all the plots measuring more than 80 Sq. Ms. in the Vasundhara Yojana against cash payment of the entire price of the plots on lump-sum basis within two months from the date of possession or from the date of allotment, whichever is earlier, instead of 50 percent of the total number of the plots measuring more than 80 Sq. Ms. to be allotted against cash payment as notified in the booklet. The first contention raised on behalf of the petitioners, therefore, fails. The second contention of the petitioners to the effect that condition of allotment of all the plots of more than 80 Sq. Ms. against cash payment of the price of the plot on lump-sum basis within two months from the date of taking possession or from the date of allotment, whichever is earlier, is contrary to Regulation 28 of the Regulations 1979, framed by the parishad, in as much as it exceeds the maximum prescribed limit of 50 percent has no substance. It appears that the petitioners are tempted to advance this submission on the basis of the provision contained in Regulation 28 (1) of the Regulations 1979, as it stood prior to 5th December, 1987. It is true that prior to 5th December, 1987 Regulation 28 prescribed ceiling of 50 percent in respect of allotment of the plots against cash payment of the price of the plot on lump-sum basis.
It is true that prior to 5th December, 1987 Regulation 28 prescribed ceiling of 50 percent in respect of allotment of the plots against cash payment of the price of the plot on lump-sum basis. But as asserted in the counter affidavit of the parishad and as also evident from the perusal of Annexure-III to the counter affidavit, the parishad, vide its resolution dated 5th December, 1987, amended the Regulation 28 (1) and refixed the limits in respect of the allotment of the plots against cash payment of the price of the plots on lump-sum basis. Amended Regulation 28 (1) provides that 75 percent of all the plots measuring less than 150 Sq. Ms may be allotted against cash payment of the price of the plots in lump-sum. It further provides that 100 per cent of all the plots measuring 150 Sq. Ms. and more may be allotted against cash payment of the price of the plots on lump-sum basis. Thus it is clear that under the amended Regulation 28 the maximum ceiling prescribed for allotment of the plots against cash payment of the price of the plot on lumpsum basis in respect of the plots measuring less than 150 Sq. Ms. is 75 percent while in case of plots measuring 150 Sq. Ms. and more it is cent percent. 7. The plots in the Vasundhara Yojana are of two categories, namely, (i) plots measuring between 150 to 200 Sq. Ms. and (2) plots measuring upto 80 Sq Ms. The petitioners are registered as candidates for allotment of the plots measuring more than 80 Sq. Ms. Obviously, they fall in the category of the applicants for allotment of the plots measuring between 150 Sq. Ms. and 200 Sq. Ms. As noticed earlier, cent percent reservation of all the plots falling in the category of plots measuring between 150 Sq; Ms. and 200 Sq. Ms. against cash payment of the price of the plots in lum-sum, under the Regulation 28 (1) of the Regulations 1979. as amended by the resolution of the parishad dated 5th December, 1987, may be made by the parishad. The parishad, therefore, in reserving all the plots, measuring between 150 Sq. Ms. and 200 Sq. Ms.
and 200 Sq. Ms. against cash payment of the price of the plots in lum-sum, under the Regulation 28 (1) of the Regulations 1979. as amended by the resolution of the parishad dated 5th December, 1987, may be made by the parishad. The parishad, therefore, in reserving all the plots, measuring between 150 Sq. Ms. and 200 Sq. Ms. in the Vasundhara Yojana, for allotment against cash payment of the price of the plots in lump-sum by means of the impugned notification dated 1st December, 1990, did not commit any illegality. The impugned notification is perfectly in accordance with Regulation 28 of the Regulations 1979 and it does not violate the said regulation 8. For the reasons, stated hereinbefore, we find no substance in this petition. The petition is, therefore, dismissed. However, there will be no order as to costs. The interim order/orders shall stand discharged. Petition dismissed.