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1992 Supreme(SC) 262

A.S.ANAND, L.M.SHARMA, M.M.PUNCHHI
Sanjay Place Group Housing Association – Appellant
Versus
Agra Development Authority – Respondent


Advocates:
A.P.S.Chauhan, ARUN JAITLEY, Indu Malhotra, RUPENDRA SINGH, Shirin Jain

JUDGMENT

SHARMA, J.:- Special leave is granted.

2. Appellants Nos. 2 to 55 are allottees of flats constructed by the Agra Development Authority-respondent, in Sanjay Place in the town of Agra under a self-financing housing scheme. The appellant No. I is an association registered under the Societies Act of which the other appellants are members. The flats in question were, on completion of the construction, allotted to the appellants during the period 1986-88. In accordance with the terms of the agreement, the total cost of the flats were paid and thereupon the possession was delivered to the appellants. In April and May, 1990 the Agra Development Authority respondent No. 1, made additional demands which the appellants challenged by a writ petition before the Allahabad High Court. By the impugned judgment the petition has been dismissed holding that the application was made after an undue delay of 13 months and that a suit would be an appropriate remedy.

3. We have heard learned counsel for the parties at length on merits.

4. The learned counsel for the appellants has rightly contended that the writ petition was not liable to be thrown out on the ground of laches. He referred to paragra





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