JUDGMENT

Bhan, J.-Appellant-Delhi Development Authority (hereinafter referred to as the Authority ) formulated a Scheme known as "Registration Scheme on New Pattern- 1979" (for short the Scheme ) to build and sell MIG/LIG and Janta flats so as to be within the reach of the common man.

2. Registration for the scheme opened on 1st September, 1979. In the scheme the illustrated price of various categories of flats were mentioned. The likely cost of MIG flats with which we are concerned in these appeals was indicated to be Rs. 42,000/-. On 30th of September, 1979, registration was closed. About 1,70,000 persons registered themselves in the scheme. In 1981, allotment started taking place by draw of lots based on randomised allotment. The cost of flats was worked out after taking into account the prevailing rate of land by the Lt. Governor. The cost of construction was worked out by dividing the cost incurred in construction of a pocket of flats by a number of flats in that pocket. Clauses 13 & 14 of the brochure are as follows:

"Clause 13. The plinth area of the flats to be constructed under new pattern is likely to be as under:-

MIG Between 60 to 65 Sq. Mtrs.

LIG About 38 Sq.