JUDGMENT

Shivaraj V. Patil, J.-Kanpur Development Authority (KDA) has filed these appeals challenging the correctness and validity of the common order dated 21.5.1997 made by the Division Bench of the High Court in Writ Petitions.

2. Three schemes were floated by KDA in September, 1978 with financial support of HUDCO "on no profit no loss basis". The three Schemes were; (1) For Economically Weaker Section; (2) For Lower Income Group and (3) Middle Income Group. Applications were invited in the prescribed form fixing the last date as 29.9.1978. The applications were to be made in the prescribed form along with the earnest money for each category. A brochure was issued showing the cost of each house and terms and conditions of the Schemes. In these cases, we are not concerned with the houses constructed in two other schemes which were allotted to the applicants on the basis of lottery on 25.10.1980 and cost specified in the brochure and the possession of the houses was delivered to them. However, the applicants (respondents herein) in the Middle Income Group were not allotted the houses and their applications were kept pending for more than 18 years for no fault of them.

3. As per the